Admin l Friday, January 24, 2020
LAGOS, Nigeria – Traders at Katangua market, under the auspices of Misimisi Dealers Market Association and Frontline Progressive Market Association, Abule- Egba International Market, Lagos have secured a stay of execution on the December 23rd judgement obtained by the Lagos State Government against the traders pending the determination of appeal filed January 21, 2020.
The Lagos State Government secured judgement in the matter between Chief Sylvanus Odus Ikejiobi, Chief Oris Ugoma Orih, Alhaji Abdulmumuni Abubakar, Nduji Donatus, Innocent Nwakaeso, Nwaibe Anthony and Ifeanyi Mba(claimants) and Alimosho Local Government Council, Agbado Oke-Odo Local Council Development Area and Attorney General of Lagos State and Commissioner for Justice(defendants).
The Lagos State Government intends to demolish the market built independently by the aggrieved traders and use it for a computer village against the will of the traders.
In the stay of execution filed by counsel to the appellant, Jeffrey C Ikwunze Esq, duly served on Alimosho Local Government Council, Agbado Oke-Odo Local Council Development Area, Attorney General of Lagos State and Commissioner for Justice and The Deputy Sheriff High Court of Lagos, the appellants averred that if the judgement of the Honourable Court is not stayed, the respondents will go ahead and execute the judgement against the appellants/applicants in a manner which will adversely prejudice the applicants and render the outcome of the appeal nugatory.
They further argued that points of law raised by the grounds of appeal are recondite and that the res will be destroyed if the stay is not granted.
In the notice of appeal dated 21/1/2020, the appellants averred that they are dissatisfied with the judgement of Hon. Justice G. M. Onyeabo of the High Court of Lagos State delivered on the 23rd day of December 2019 in Suit No. ID/177/2008 on four grounds.
According to them,the appellants were not accorded fair hearing as the judgement of the Lower court went contrary to the principles of natural justice.
They also sought appeal on the ground that the learned judge misdirected herself when she held that the claimants/appellants were tenants to the 2nd defendant/ respondent, Agbado Oke-Odo Local Council Development Area.
The third ground is that the learned trial judge misdirected herself when she held in page 10 of the judgement that the CWS admitted that the land is owned by the Agado Oke-Odo Local Council Development Area(2nd defendant) and fourthly that the judgement of the lower court is against the weight of evidence.
