By BARTHOLOMEW MADUKWE

Justice Olufunmilayo Atilade of Lagos High Court sitting in Igbosere has voided a warrant of possession issued with respect to   a piece of land measuring 254.558 hectares in Milverton Court Estate, Osapa Village, Eti-Osa Local Government Area of Lagos State.

Ruling on an ex parte application brought before the court by the applicant, Suncity Property Ltd, the judge voided the warrant of possession dated September 27, 2013 and the certificate of execution for the possession which was carried out on September 30.

The judgment creditors who were the defendants in the application were said to have obtained the warrant of possession to claim 254.558 hectares of land instead of 10 hectares to which they were entitled to.

Justice Atilade declared that the warrant of possession was “void on the basis of gross documentary irregularity”.

The applicant had told the court that there was no court order backing the issuance of the warrant of possession.

Counsel to the applicant, Mrs Adedoyin   Ogunyipe, of Dele Farotimi and Co Chambers,  argued that the only   subsisting court order in relation to the matter was one given by the Supreme Court in the suit, SC/146/2005, on July 12, 2013.

Ogunyipe maintained that the judgment creditors had wrongfully obtained a possession warrant disclosing that they were entittled to 254.558 hectares instead of the 10 hectares stated in the order of the Supreme Court.

“The execution of the warrant of possession dated September 18, 2013 carried out on September 27, 2013 is hereby set aside, on the ground that the Warrant of Possession is not based on any subsisting order of a court of law. That the Certificate of the Execution of the Warrant for Possession dated September 30, 2013 is hereby set aside. That the cost of all damage incurred by the wrongful execution is to be borne by the respondents/judgment creditors to this application” the court ruled

Judgment creditors/respondents are Maj.Muritala Gbadamosi (Rtd), Rasaki Gbadamosi, Mufutau Gbadamosi, Waidi Gbadamosi and Shafari Ashorota, who all represented themselves and Gbadamosi Eletu family.

The judgment debtors who were the respondent at the Supreme Court are Oba Tijani Adetunji Akinloye, Chief Muritala Odofin and Alhaji Yekini Bakare, who all represented themselves and the Ojomu Chieftancy Family.