Justice Olufunke Sule-Hamzat of the Lagos State High Court in Yaba will today hear a suit by the Gbajumo and Eletu Iwase Chieftaincy Family seeking to enforce its right against the acquisition of its property without compensation.
The family is seeking a declaration that it has a fundamental right to the legal and beneficial ownership and possession of the property with registered title number LO2468.
The portion of the property is now known as 135/137, Nnamdi Azikiwe Street, Lagos, formerly 135, Victoria Street and later known as 135, Nnamdi Azikiwe Street, Lagos.
Governor Babajide Sanwo-Olu, Attorney-General and Commissioner for Justice, the state Urban Renewal Agency (LASURA), Tunde Ologunro and Joint Konsult Limited are the defendants.
The family is seeking a declaration that the compulsory acquisition without compensation of the property, presently occupied by the Ologunro Family and Joint Konsult, is contrary to Section 44 of the 1999 Constitution (as Amended).
The applicant seeks an order of perpetual injunction restraining the defendants or their agents from further collecting rent and other profits on the property.
It is praying the court to hold that the family is entitled to possession of the property and for an order granting it possession and refund of accrued rent from 2010 till judgment.
In the suit, the family sought an order of perpetual injunction restraining the respondents, their agents, privies and or servants from the unlawful and unconstitutional acquisition of, repossessing or further infringing on the applicants’ fundamental right to the portion of the property
The family also sought an order of perpetual injunction restraining the respondent, whether acting by themselves or through their agents, servants or privies from further collecting rent and other profits in respect of the property.