September 11, 2017

Default judgement on Ikeja property creates tension

By Innocent Anaba

lagos—A default judgment obtained against a property  in  Computer Village, Ikeja, Lagos State, is now creating tension as traders who occupy the affected buildings have cried foul over the  judgment which they claimed was  obtained without the knowledge of neither the owner of the property nor the shop owners in the property at 18, Awolowo Way, Ikeja.

The judgment was obtained by three persons, Kolawole Ajayi Moses, Chief Layiwola Moses and Olorunnimbe Moses, who commenced the suit sometime in 2013 through their counsel, Victor Kolade.

According to Mr. Chinedu Mbakwe, a tenant in the property, owned by Alhaja Risikatu Gbose, none of the over 20 shop owners on the premises was aware of any law suit in respect of the property,  describing the service of the court processes through substituted means by pasting as a mystery.

“Nobody was aware of any court case until August 11, 2017 when they chased us out of our shops and offices in the building,” he said.

Trial judge, Justice Femi Adeniyi of the Lagos State High Court in the default judgment in favour of the three claimants on May 30, 2017, pointed out that it was a judgment not based on merit.

Meanwhile,  Alhaja Gbose, has asked the court to reverse the judgment, claiming that it was secretly obtained behind her with  intent to deprive her of the benefit of property she inherited from her father.

In  her motion before the court, filed on August 15, the applicant, among other reliefs is praying the court to set aside the judgment  on the ground that the claimants never put her on notice.

In the supporting affidavit deposed to by Alhaja Gbose, she averred that she only became aware of the suit on August 11, when her tenant called her at her base in Badagry, Lagos.