Justice Olufunke Sule-Amzat of a Lagos High Court sitting in Yaba has ordered a firm, UPDC Plc to maintain status quo in a suit filed against him by Oluwafemi Ayodele over the portion of the land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
The court order of staying action on the land was sequel to an application filed before the court by claimant counsel, Mr. Gboyega Oyewole (SAN), asked the court for a restraining order on the land pending hearing and the determination of the suit.
The senior silk, 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.
He prayed the court to determine whether the claimant is entitled to specific performance of the valid and subsisting contract between the 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 also prayed to the court for a declaration that the contract duly executed by the claimant and the defendant based on the offer letter dated 28″ September 202.2, 15 valid and subsisting having regard to the acceptance of same and payment of consideration.
While ruling on the application after Oyewole’s submission, Justice Sule- Amzat order the parties to maintain the status quo.
The judge said that she has listened to the learned silk, Oyewole (SAN) praying the Court for a preservative order to maintain 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 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 to issue, copy of same and affidavit of service of same be put in the court file before the next adjourned date.
The judge subsequently adjourned the case to February 7, 2023 for further proceedings.