By Jane Echewodo
Traders at Katangua market, under the auspices of Misimisi Dealers Market Association and Frontline Progressive Market Association, Abule- Egba International Market, Lagos have filed an appeal against the judgement delivered by Justice Grace Onyeabo of a Lagos High Court of December 17, 2019.
Justice Onyeabo had in a suit delineated ID/177/2008 dismissed the groups (claimants) claims that the defendants authorised them to build their respective shops as owners or occupier in Abule Egba International Market, Katangua.
Chief Sylvanus Odus Ikejiobi, Chief Oris Ugoma Orih, Alhaji Abdulmumuni Abubakar, Nduji Donatus, Innocent Nwakaeso, Nwaibe Anthony and Ifeanyi Mba sued for themselves and as representative of the Misimisi Dealers Market Association and Frontline Progressive Market Association.
The claimants, who are traders at Katangua market had instituted the suit against the Alimosho Local Government Council, Agbado Oke-Odo Local Council Development Area and the Attorney-General of Lagos State and Commissioner for Justice as first to third respondents in the suit.
The traders claimed that they are owners of the shops built by them in the said market on the land allocated to them pursuant to letters of allocation and agreement as approved by the Alimosho Local Government Council, Agbado Oke-Odo Local Council Development Area.
The traders alleged that the Lagos State Government intends to demolish the market they built independently and use it for a computer village against their will.
They, therefore, asked the court to order a perpetual injunction against the defendants from forcibly acquiring or taking over in any way or manner disturbing lawful ownership and occupancy.
The judge had in a judgement on December 17, 2019, dismissed the suit in its entirety. Dissatisfied with the judgement, the group, however, filed an application for stay of execution pending appeal in the suit. The Lagos State Government intends to demolish the market built independently by the aggrieved traders and use it for a computer village against the will of the traders.
In the stay of execution filed by counsel to the appellant, Jeffrey C Ikwunze Esq, served on respondents, the appellants averred that if the judgement of the Honourable Court is not stayed, the respondents will go ahead and execute the judgement against the appellants/applicants in a manner which will adversely prejudice the applicants and render the outcome of the appeal nugatory.
They further argued that points of law raised by the grounds of appeal are recondite and that the rest will be destroyed if the stay is not granted.
In the notice of appeal dated 21/1/2020, the appellants averred that the appellants were not accorded fair hearing as the judgement of the Lower court went contrary to the principles of natural justice.
They further argued that the learned judge misdirected herself when she held that the claimants/appellants were tenants to the 2nd defendant/ respondent, Agbado Oke-Odo Local Council Development Area.
They further alleged that the learned trial judge misdirected herself when she held on page 10 of the judgement that the CWS admitted that the land is owned by the Agado Oke-Odo Local Council Development Area(2nd defendant) and that the judgement of the lower court is against the weight of evidence.
Vanguard News Nigeria.
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