The Lagos State High Court sitting at the Tafawa Balewa Square (TBS) has set aside the execution carried out by the Idasa Iyesi family of Ilogbo Eremi on 46.43 hectares of land belonging to the Agunmo community in Badagry Local Government Area (LGA) of Lagos State over which possession notices, posts, marks and boards were erected.
Justice Yetunde Adesanya, in a January 25, 2025, judgment, directed the removal of the said “illegal” notices and granted an injunction restraining the Idasa Iyesi family from entering the said portion of land, over which the judgment of the Court in Suit No.BD/28/2012 and Appeal No CA/LAG/CV/940/2020 were sought to be executed, but for which the Agunmo Community was not a party to.
According to the certified true copy of documents seen by our correspondent, the Idasa Iyesi family of Ilogbo Eremi in Badagry LGA, represented by Hon Ayo Raji, and one Mr Mulero Ogunbiyi and 5 ors had sued the Iyesi community represented by Mr Posu Asu Govoeyi and 4 Ors in respect of a large portion of land stated to be 108.425 hectares at Iyesi Idasa land in Suit No.BD/28/2012.
Judgment was delivered by Justice Adesanya on June 22, 2020, in favour of the Idasa Iyesi family.
Dissatisfied, the Defendants approached the Court of Appeal seeking to overturn the judgment.
But the parties entered a consent judgment at the Court of Appeal, in Appeal No CA/LAG/CV/489/2020 where it turned out to be that the area over which the said defendants were in possession was actually 58.930 hectares, not 108.425 hectares.
The 58.930 hectares were divided and partitioned into the ratio of 32.227 hectares and 26.603 hectares between the parties, and made the consent judgment of the Court of Appeal, contrary to the allegations that the entire land was 108.425 hectares.
On 31st January 2023, the judgment creditors in Suit BD/28/2012 and Appeal No.CA/LAG/CV/489/2020 in their efforts to claim the other part of the judgment of the High Court of Lagos State, went to Agunmo Community which was not sued, and not party to either the suit or the appeal, with several buses filled with armed police officers and other civilians to levy execution on the portion of Agunmo land measuring 46.43 hectares from the boundary of Iyesi town, to the centre of Agunmo town where there is the popular Agunmo market, marking several houses and erecting billboards and possession notices.
The Agunmo Community, led by Chief Job Ogunbiyi, through their Counsel, Mr Peters Oladipo Agboola, filed an application dated November 10, 2023, praying the court to set aside the execution that was illegally levied on his client’s land on the ground that the said interveners/Applicants, who are Agunmo Community, are distinct and separate and were not parties to any suit involving the Idasa Iyesi family at the High Court or the Court of Appeal.
Counsel to the Judgment Creditors, Mr Ola Sobowale, urged the Court to dismiss the application on the ground that the judgment was executed on the land covered by the judgment and did not get into Agunmo Land.
In a considered ruling spanning 34 pages, Justice Adesanya granted the reliefs of the Agunmo Community.
The judge granted the community leave to apply to set aside the writ or warrant of execution, writ or warrant of possession/attachment including all processes ordered by the court including the possession notices, posts or marks in respect of the areas which were covered by the judgment, and those not covered by the judgment, over which the Agunmo Community is in exclusive possession, since they were not sued and not parties to the suit and the judgement.
The judge further set aside the execution, ordered the removal of the possession notices and granted a cease-and-desist order and injunction restraining the Iyesi Idasa community from trespassing into any portion of Agunmo Community land.
She, however, refused the reliefs for damages claimed by the Interveners/ Applicants.
In conclusion, Justice Adesanya held: “The Applicants/Interveners are in occupation of the land upon which possession notices were pasted and execution sought to be levied, and they were not parties to this Suit No. BD/28/2012.
“The Judgment Creditors/Respondents will therefore need to institute a separate suit against the Applicants/Interveners for either the enforcement of the Judgment or a determination of title as between them and the Applicants/Interveners.
“On the totality of the foregoing, the application succeeds in part. Prayers 1-10 are granted as prayed. Prayers 11. 12 and 13 on damages are refused.”
With the ruling, peace has returned to Agunmo community who were not made parties to the said, over which judgment obtained was sought to be executed.
