The Ajebamidele Iron Market traders in Lagos have asked a Lagos High Court to suspend execution of a judgment concerning the land on which the market is situated, pending the determination of its appeal at the Court of Appeal.
Suing through six of its members, the market is praying for “An order of this court staying the execution of its judgment delivered in this suit on December 10, 2024.”
The judgment was delivered by Justice Kayode Ogunjobi of the Lagos High Court.
The six defendants/applicants are Mr. Bashiru Jimoh, Mr. Olayiwola Ilesanmi, Mr. Aminu Oladipupo, Mr. Raheem Sanni, Mr. Atilade and Mr. Wahabi Mohammed
They filed their application through their counsel Mrs Tomilola Ogunkelu against two defendants in a suit marked LD/2665LM/2020.
The claimants/respondents are Oba Abdul-Fatai Aromire (the Ojora of Ijora land) and Chief Fatai Suleiman (the Odofin of Ijora Land) (for themselves and on behalf of the Ojora Royal Family & Council, Lagos).
The market sits on a large expanse of land off the Lagos-Badagry Expressway Orile-Iganmu, Lagos whose ownership has been the subject matter of no fewer than two other suits between the market and several other related parties.
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In the current suit, the market asserted that the land is owned by the Federal Government, to which it has been paying rent for decades, while the family claimed ownership.
However, and unlike the previous suits, the lower court ruled in the claimants/respondents’ favour.
Dissatisfied, the market approached the Court of Appeal, seeking to overturn the judgment.
It also filed an application at the high court seeking a stay of execution of the judgment.
In a previous suit, Justice Oluwayemisi William-Dawodu, who was then a judge of the Lagos High Court but is now a Justice of the Court of Appeal, upheld the market’s claim.
In his judgment, Justice William-Dawodu held that the land belongs to the Federal Government of Nigeria, to whom the market members have been paying rent.
In another, related suit, Justice Ezekiel Ashade upheld the market’s claim. According to the market, that judgment is yet to be appealed.
In an affidavit in support of the market’s current application sworn by Mr. Olayiwola Ilesanmi, the defendants/applicants stated that they “have been in occupation of the land on which judgment was given in favour of the Claimants/Respondents for over 45 years.
“The claimants/respondents are aware of our presence on the land and that we trade in iron.
“The area occupied by us is known as an Ajebamidele Iron Market.
“We have always been paying rent on the land to the Federal Government of Nigeria.”
Praying the court to grant their prayer, they explained that the business they engage in on the land is their only source of livelihood, adding that if the judgment is allowed to be executed, they would lose their source of livelihood.
No date has been fixed for hearing of the application.
