Justice Olufunke Sule-Amzat of a Lagos State High Court sitting in Yaba has ordered maintenance of status quo in a suit filed by Oluwafemi Ayodele against a firm, UPDC Plc, over the portion of the land area covered by piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
The court’s status quo order was a sequel to an application filed before the court by the claimant’s counsel, Mr Gboyega Oyewole (SAN), who asked the court for a restraining order on the land pending the hearing and the determination of the suit.
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 parties 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 September 28, 2022, is 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 ordered the parties to maintain the status quo.
The judge said that she has listened to the learned silk praying to the court for a preservative order to maintain the 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 the breakdown of law and order, parties in this suit are at this moment ordered to maintain status quo pending the hearing and determination of this suit,” the court held.
She also ordered a hearing notice to be issued in the matter and a copy of the same and affidavit of service of same to be put in the court file before the next adjourned date.
The judge adjourned the case to February 7, 2023, for further proceedings.
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