Lukman Olabiyi
Justice O. A. Williams of the Lagos State High Court has dismissed a preliminary objection filed by Gberigbe Orelade Royal Family, Ikorodu, seeking to stop hearing of a suit filed against them over alleged trespass.
The family, represented by Mr. Telemu Fasanya, Mr. Kayode Odubitan, Mr. Sunday Oshikoya, Mr. Korede Oluderu Aina, Mr. Demilade Oluderu Aina and Mr. Olalekan Ajigbowo, filed the application before as a result of a suit filed against them by another family, Odusanya-Orelade, over their alleged trespass, forceful and unlawful ejection from a parcel of land situate, lying and being at Gberigbe Orelade, bounded by Igbo-Okuta, Ewu-Owa, Oke-Agbo and Oke-Olokun.
Odusanya-Orelade family who filed the suit was represented by Mrs. Margaret Folake Araba, Evangelist Adetayo Odusanya, Mr. Michael Adeleke Odusanya, Mr. Musa Ajayi Odusanya, Mr. Muritala Ajayi Odusanya and Mr. Kazeem Odusanya.
Odusanya-Orelade is praying the court for the following orders and declaration; a declaration of title to Customary Right of Occupancy of the parcel of land mentioned; order of forfeiture against the defendants for breach of their customary tenancy, an order of possession in respect of the entire land and perpetual injunction restraining the defendants, their servants, agents or privies whatsoever called from selling, disposing, alternating or in any manner whatsoever, interfering with the said parcel of land.
Besides, the claimants also asked the court to award the cost of N5 million damages against the defendants.
However, the defendants, instead of filing their defence, filed a preliminary objection against the suit, praying the court to strike out the suit for lack of jurisdiction and for being an abuse of court process.
The claimants urged the court to dismiss it, and assumed jurisdiction on the case, noting that the defendants failed to prove that the suit constitutes abuse of court process.
Delivering ruling on the application, on January 12, 2018, the judge held that the issue for determination did not constitute res judicata against the claim being made by the claimants in the suit and concluded: “In the light of the foregoing, I find no merit in this application. This preliminary objection of the defendants is overruled and this application is dismissed.”