JUSTICE Olufunke Sule-Amzat of a Lagos High Court sitting in Yaba has ordered a firm, UPDC Plc to maintain the status quo in a suit filed against it by Oluwafemi Ayodele over the portion of a land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
The order of the court directing the firm to stop any activity on the land was sequel to an application filed by claimant counsel, Mr. Gboyega Oyewole (SAN), asking the court for a restraining order on the land pending the hearing and the determination of the suit.
Oyewole, in an originating summons, brought pursuant to Section 272(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and under Order 5 Rule 5 of the High Court of Lagos State (Civil Procedure) Rules, 2019, prayed the court to determine whether the claimant is entitled to specific performance of the valid and subsisting contract between him and the defendant for the purchase of the parcel of land measuring 1000 Square Metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
He prayed the court for an order declaring that the contract between the claimant and defendant was duly executed based on the offer letter dated 28 September 2022, valid and subsisting having regard to the acceptance of same and payment of consideration.
“A declaration that the defendant is not entitled to renege on the valid and subsisting contract between the Claimant and the Defendant constituted vide an offer letter dated 28th September 2022 and acceptance of same with the due payment of the consideration for the offer.”
He is therefore praying for an order of specific performance on the execution of the Deed of Transfer by the defendant over the offered parcel of land measuring 1000 square metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
“Handover of all title documents in relation to the said parcel of land measuring 1000 square metres covered by the piles and execution of all relevant documents necessary to vest proper title over the parcel of land measuring 1000 square metres in the claimant.”
While ruling on the application after Oyewole’s submission, Justice Sule-Amzat ordered the parties to maintain the status quo.
The judge said that she has listened to the learned silk, Oyewole’s submission and prayer for a preservative order to maintain the status quo in order to forestall the dissipation of the res.
“I have taken cognizance of the fact that the preservation of the res would serve the better end of justice. I am also mindful that there is a need to hear the other side and prevent the breakdown of law and order. Parties in this suit are hereby ordered to maintain status quo pending the hearing and determination of this suit.”
She also ordered that hearing notice be issued, and a copy of same with the affidavit of service be put in the court file before the next adjourned date.
The judge subsequently adjourned the case to 7th February 2023 for further hearing