Kemi Olaitan
An Ibadan High Court, presided over by Justice O.A. Adetujoye, has ordered a property development company, Adron Homes and Properties Limited and one other person from trespassing, developing, meddling or interfering on a land measuring 594.757 hectares at Olawoyin Orogun family land in Agangan Olawoyin Oleyo in Odo – Ona area of Ibadan.
Also affected by the interlocutory injunction was one Mrs. Taibatu Oje, who was sued on behalf of herself and the entire Oje family.
This is just as the court also ordered an accelerated hearing of the substantive case while ruling on a Motion on Notice filed by a legal practitioner, Olugbenga Makinde, on behalf of 10 families that include Adediran, Faniyi, Oke and Ojokaro.
Other families involved are Baba Ode, Adewole, Oyarinde, Esugbohun, Oparayi and Aba-N-gbe.
The families were contesting a land which they claim belong to their family but had been sold to other people.
Makinde had filed the Motion on Notice, asking the court for an order restraining Adron Homes and Mrs. Oje, or their agents and privies, from interfering, entering or carrying out any activity on the disputed land pending the determination of the case as well as any order the court may deem fit in the circumstance of the suit.
In his written address before the court, Makinde had formulated “one issue for determination; whether the claimants are entitled to the preservatory order, adding that the granting of an interlocutory order is at the discretion of the court upon satisfaction of the principle of existence of legal right, serious issue to be tried in the substantive suit, having shown that damages cannot be an adequate compensation for injury if case succeeds, having shown that conduct is not reprehensible and after giving undertaking as to damages.”
But in his argument against the interlocutory injunction, counsel to Adron Homes, Kehinde Olawumi, said interlocutory injunction does not exist as a tool to be used by a party to deprive another party the enjoyment of quiet and peaceful possession of a property.
However, the court in its ruling, held that the damages may be inadequate to compensate either the claimants or even the subscribers on the land if the application is not granted, stating that, “I am of the firm view that in the instant case, there will be irreparable loss which damages cannot compensate on the part of the claimants and the subscribers of ADRON Homes scheme.”
