Chief Mufutau Kehinde has petitioned the Court of Appeal in Ibadan, Oyo State, seeking an injunction to temporarily halt the construction of the Abeokuta/Kobape dual road until his appeal is resolved. Kehinde, dissatisfied with the judgment of Justice Mobolaji Ojo of the Ogun State High Court, filed appeal CA/IB/286/2019 through his legal counsel, Dr. Dada Awosika (SAN). The appeal lists the Attorney-General of Ogun State and the Director-General of the Bureau of Lands and Survey as respondents.
In his application, Kehinde requests that the appellate court issue an injunction restraining the respondents, or any party acting under their authority, from continuing construction or making alterations to the disputed land. The property in question spans approximately 85.3 hectares along the Abeokuta/Kobape dualised road and is detailed in several survey plans, including Survey Plan No. ADC 97 (OG) and Survey Plan No. OG/1296/2003/103. The appellant asserts that the lower court’s judgment of May 15, 2019, which dismissed his claims and ruled in favor of the defendants, failed to address critical legal issues. Dissatisfied with the verdict, Kehinde filed a Notice of Appeal on May 30, 2019.
Kehinde claims that despite the ongoing appeal, massive construction and development activities have been observed on the disputed property. He contends that these developments were initiated by third parties acting under the direction of the respondents, thereby jeopardizing the appeal’s outcome. Through his motion, Kehinde urged the court to intervene to prevent the respondents from rendering the appeal moot or causing irreparable harm to the land in question. His motion highlights that allowing construction to proceed could create a situation where the court’s ruling, if favorable to him, would be rendered ineffective.
The application is supported by an affidavit deposed to by Folabomi Temitope, a Litigation Executive at Messrs. D.A. Awosika SAN & Partners LLP. Kehinde argues that the current developments on the land violate legal principles and raise significant points of law that warrant appellate intervention. He emphasizes the necessity of halting the ongoing construction to safeguard the integrity of the appeal and ensure that justice is upheld.