An attempt by two men, Abiodun Ariori and Tajudeen Akanbi, representing the family of the late Chief Mojisola Cole, to obtain an interim injunction against NASCO Town Limited has been unsuccessful. The injunction sought to restrain NASCO from exercising possessory rights over a large expanse of land in Abule Oshun, Ojo Local Government Area, Lagos State.
The application, heard by Justice Aishat Opesanwo, the vacation judge at the Lagos State High Court, Ikeja, was directed back to the substantive court handling the case. Justice Opesanwo ruled that the matter should return to Justice M. Savage’s court for further proceedings after the court vacation.
The judge noted that there was insufficient time during the vacation period to fully hear the case and criticized the practice of bringing non-urgent matters to vacation judges. She emphasized that vacation courts are meant for urgent cases and warned against filing frivolous applications that could lead to conflicting court orders.
“It’s like a doctor handling an emergency surgery. Many of the cases you filed here are not emergency cases. You file frivolous applications and get orders that may conflict with that of the substantive court. When judges are blamed for conflicting orders, no one blames the lawyers that file conflicting applications,” the judge remarked.
The defendants had sought the interim injunction despite an existing interlocutory injunction granted by Justice Savage in favor of NASCO, which had restrained the defendants and their agents from interfering with the disputed land.
The defendants’ application was filed by Hussain Tijani of H.O.T Chambers on behalf of several parties, including Abiodun Ariori, Prosperous Ariori Golden Ventures Limited, Pertinence Limited, and members of the Cole family.
In their 19-paragraph affidavit, the defendants claimed ownership of the land and requested that NASCO be restrained from exercising control over it. However, Justice Savage had previously granted an interlocutory injunction on May 16, 2024, in favor of NASCO, preventing the defendants from claiming ownership or taking actions on the land.
The original claimants, NASCO Town Ltd, along with the Incorporated Trustees of NASCO Landlords and Residents Association and several other individuals, remain protected by the injunction as the legal dispute continues.
