THE family of Oshodi Tapa of Ipetedo in Oshodi Local Government Area of Lagos State has again lost the legal battle to lay claims to the rights to install a traditional ruler for the modern Oshodi town.
This followed the dismissal of a suit instituted at theLagos High Court by members of the Oshodi Tapa family, praying the court to, among others; declare them as the only family with rights to install an Oba for the area.
Upholding the arguments canvassed by the head of Arota Ologun family of Orile Oshodi, Chief Teslim Adeola Almaroof, through his counsel, the trial Judge, Justice S.A. Onigbanjo, held that the suit constituted an abuse of court process.“I have no doubt that this counter claim constitute abuse of the process of this court and should be struck out as such since it seems to relegate issues either already settled by judicial process in previous decisions and judgments,or issues already put before the court for determination in a previously filed suit still pending in court as of the time of the filing of the counter claim between substantially the same parties.
This counter claim is consequentially dismissed for being an abuse of the process of this court,” the court pronounced.
The Supreme Court had in 2000, declared the Arota Ologun family of Orile Oshodi and the Oshodi chieftaincy family as the joint owner of the modern Oshodi town.
On its ruling, the apex court said “that the land indispute in this case, as shown on the plan attached to the statement of claim in this suit, is part of the land litigated upon in suit AB/16/57 and it is also part of the land granted absolutely to the Oshodis and Arotas by the Oba Onigbesa of Igbesa.
Meanwhile, a pressure group, Oshodi Youths Vanguard, has commended the decision of the court dismissing the action, saying they believed that judiciary has established it is the last hope of common people.