close
close

Drama as the court sets the date on which A’Court’s decision must be pronounced

An Akure High Court presided over by Justice David Kolawole has fixed May 24 for judgment on whether or not he can adjudicate on the matter already decided by a Court of Appeal.

The judge set the date after a mild drama during the court hearing, when he wanted to hear a case that had already been decided by the Federal Court of Appeal and the defendant’s lawyer said the court had no jurisdiction over the lawsuit.

The drama started when the counsel, Jimoh Famoritiye, who was commissioned by Chief Dapo Agbede, said Justice Kolawole has no jurisdiction to hear a case already decided by an appellate court.

But the judge insisted on continuing the trial, especially if the verdict was obtained on fraud grounds.

A High Court presided over by Justice William Akintoroye had earlier dismissed a suit over the ownership of land in Agbeja community in Akure South Local Government.

The Court of Appeal, presided over by Justices Oyebisi Omoleye, Oziakpono Oho and Y. A Bashir, also upheld the decision of the lower court on the disputed piece of land.

However, one of the defendants in the previous case, Chief Sunday Ijalana, through his counsel, Mr. Biodun Fasakin, filed a new case seeking to overturn both the decision of the lower court and the appellate court.

The lawsuit filed by Fasakin on behalf of the plaintiffs states: “The judgment dated March 31, 2021, delivered in Suit No. AK/234/2014; Sunday Fayeun and Three Others v. Tuyi Omopariola obtained by fraud by the defendants is irregular, defective, void and unconditional.

He also sought “an order setting aside the said judgment dated March 31, 2021 in case No. AK/234/2014; Sunday Fayeun and three others against Tuyi Omopariola, and all processes related thereto, immediately.

He sought “a perpetual injunction, restraining the defendants, their agents, secrets, assigns, representatives, whosoever, from further laying claim to the plaintiffs’ Arowa family land and/or from doing any other unlawful acts on the country of the claimants’ family, in any case. , ostensibly based on the said judgment of March 31, 2021 in case No. AK/234/2014; Sunday Fayeun and three others against Tuyi Omopariola, immediately.”

However, counsel for the defendants, Jimoh Famoritiye, asked the court to strike out or dismiss the suit, insisting that the court had no jurisdiction to hear the suit which had already been decided by the higher court.

He said that since the appellate court dismissed the appeal due to the withdrawal of the notice of appeal filed by the plaintiffs, the court cannot hear the appeal from a higher court.

The judge, Kolawole, however, fixed May 24, 2024 to decide whether he can rule on the case which has already been decided by an appellate court.

Ends.