A Lagos High Court is set to decide whether renowned National Security Strategist and Armament Expert, Dr Olumide Wole-Madariola, can appeal a ruling that favoured the United Bank of Africa Plc (UBA) in a property dispute.
Wole-Madariola, a former President of the Nigeria Shooting Federation and Defence Strategy scholar is seeking permission to appeal a December 3, 2024, order that reversed the eviction of UBA from his property in Lagos.
The dispute stems from a previous judgment by Magistrate L.O. Kazeem, which granted Wole-Madariola possession of his property and ordered the bank to vacate the premises due to years of unpaid rent.
However, the bank appealed the Magistrate Court’s decision to the High Court, where Justice Olalekan Oresanya issued an order to stay the eviction and return the property to its original state.
Dissatisfied with this ruling, Wole-Madariola filed a motion seeking leave to appeal the High Court’s decision. Magistrate Kazeem had in its judgment, held that the Tenancy Law of Lagos State is clear on how to get possession of any demised property.
He declared that “it is trite that proper issuance and service of relevant statutory notices entitles any claimant of a demised property to an order of possession.
“The claimant has been able to prove his claim as to order for possession, and I so hold.”He ordered the bank to pay the claimant mesne profit at the rate of N437,500 per month from July 14, 2022, until possession is given up.
Following the decision, on August 16, 2024, the execution was carried out by the Sherrif Department of the High Court of Lagos State and UBA Plc was evicted from the property with all their belongings.
Dissatisfied with the judgement of the lower court, the bank filed an appeal in the suit marked LD/8462GCM/2024 at the High Court, wherein it asked Justice Oresanya to set aside the judgment and execution.
It filed a motion against Wole-Madariola and Assistant Chief Registrar (ACR), Deputy Sheriff Department, Sheriff Department High Court of Lagos State as first and second respondents, respectively.
On December 3, Justice Oresanya in a ruling granted the applicant’s motion seeking to set aside the judgment. He insisted that the application was meritorious and succeeded accordingly as he ordered that the “wrongful execution of the judgment of the lower court delivered on April 30, 2024, in suit No. MCA/3099/2022 is hereby set aside. “
He added: “The second respondent shall stay the execution or further execution of the said judgment delivered by the lower court pending the determination of the applicant’s motion seeking leave to appeal and stay of execution in suit No. LD/5855/MJR/2024 pending before this court.”
The judge further ordered that all parties in the suit shall return to status quo ante bellum regarding the subject matter of the suit pending the determination of the applicant’s motion for leave to appeal and stay of execution.
Wole-Madariola, through his counsel, Chief Richard Ahonaruogho (SAN), in his motion on notice dated December 16, 2024, asked the court to grant him leave to challenge the ruling at the appellate court. The plaintiff is also seeking an order from the court granting leave to the applicant to file his notice and grounds of appeal against the ruling.
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