Court Orders Council To Stop Demolition Of Ladipo Market
The claimants, Nnamdi Chukwuka, Franco Offai, and eight others, had through their counsel, Richard Nwankwo, filed a Motion on Notice brought pursuant to Order 38 Rules 2&8, and Order 39 Rules 3(1), seeking ‘an order of interlocutory injunction restraining the defendant, either by itself, agents officials, privies, servants or persons, from unlawfully going into or carrying out any demolitions or ejection of the applicants from their respective business premises at the Ladipo main market, Mushin, pending the hearing and determination of the substantive suit filed before the court.’
The presiding judge, Justice Iyabode Akinkugbe after listening to submission of counsel to the defendant (Mushin Local Government), Mrs. A.O. Akin-Ajayi, told the court that the defendant was served the Notice on July 27, and as such would require time to file its reply.
She claimed that a group, Igbo Conscience Group, led by Joe Igbokwe and Barr. Onyekachi Ubani, had waded into the matter, and a Memorandum of Understanding (MOU) signed by the claimants and defendant, where it was agreed that the applicants would vacate the market within two months.
“A meeting was held in the office of the Executive Secretary of Mushin Local Government by the Igbo Conscience Group. MOU was signed by the applicants and the defendant and the matter was resolved. But we were surprised to receive the Notice filed by the applicants,” she said.
She prayed the court for more time to file a reply.
The claimant’s counsel, in his response told the court that he was not ‘aware of any meeting between the parties.’
According to him, our instruction is to move on with the case. Our application is that the defendant should sign an undertaking that they would not go into the market and demolish it.
The court therefore ordered that ‘in the interest of justice, status quo should be maintained to enable the defendant filed a reply to the applicant’s application’.
She subsequently adjourned the matter till August 4, 2015.
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