Ile Arugbo: Company drags Kwara governor, others before Appellate Court
Asa Investments Limited, owned by the late Olusola Saraki and Alhaji Sanusi Baba-Eleku, has filed a Motion on Notice before the Court of Appeal, Ilorin division requesting for an order for stay of execution against the ruling of the High Court of Kwara state delivered by Justice Abiodun Adebara on August 6, 2020, regarding the suit before the lower court on the disputed Ile Arugbo.
The trial court had on August 6, 2020, delivered a ruling which vacated the interim injunction it had earlier granted in favour of the Asa Investment Limited to preserve Ile Arugbo and maintain the status quo pending the determination of the Motion on Notice for interlocutory injunction filed by the applicants.
The applicants in the Motion on Notice filed before the appellate court and dated September 4, 2020, said that Justice Adebara’s ruling of August 6, 2020, has the effect of empowering the respondents to destroy the subject matter (Ile Arugbo) of the suit.
The applicants also sought an order of the appellate court staying proceedings in the suit on Ile Arugbo pending the hearing and determination of the appeal before it.
They also sought an order of the appellate court restraining the respondents: Governor of Kwara state, Kwara State House of Assembly, Attorney General of Kwara state, Director General of Kwara state Bureau of Lands and the Inspector General of Police by themselves or through their servants, agents, privies or otherwise howsoever described, from taking any step or further step in recognition or in pursuance of the ruling of the High Court of Kwara state delivered by Justice Adebara on August 6, 2020, in suit number KWS/463/2019 pending the hearing and determination of the appeal lodged by the applicants against the said ruling.
In the motion on notice filed by applicants’ lawyers led by Dr Akin Onigbinde (SAN), the applicants averred that “it is in the interest of. justice to preserve the subject matter of the suit (Ile Arugbo).
The counsel, amongst other Grounds for Application said that: “The applicants had earlier filed an application for leave to appeal before the trial court on August 13, 2020, but the said application was not heard until the time the appeal lapsed.
“The applicants have subsequently filed another application for leave before this honourable court dated September 4, 2020.
“The applicants will suffer a substantial loss if the said ruling of August 6, 2020, and the proceedings in suit number KWS/463/209 before the trial court are not stayed.”
The Appellate court acknowledged the receipt of the applicants’ Motion on Notice on September 8, 2020, but has not fixed a date for its hearing.