From Bamigbola Gbolagunte, Akure
The Ondo State High Court presided over by Justice AO Odusola has dismissed an application by the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi, to stop Medaville Building Construction Ltd from continuing the construction of Medaville Federal Housing Estate at Alagbaka GRA, Akure.
The court equally awarded a N50,000 fine against the Lawyer to the monarch, Mr Ayodele Adedipe for a frivolous application.
The court held that the cost must be paid to Medaville Building Construction Limited before the next date of adjournment of the case.
The Deji of Akure had been claiming that although the government had acquired the GRA land, a portion of it was being used as a shrine before its acquisition and that the Akure community reserves the right to continue to use the portion of the land for its traditional worship, a claim which the company described as false and an attempt by the traditional ruler to grab part of the company’s land.
The counsel to the Deji of Akure had moved an application, praying the court to restrain all the parties, particularly Medaville Building Construction Ltd from doing anything on the land pending the hearing and determination of the case.
But counsel to the company, Mr Femi Emmanuel Emodamori argued that it was improper to grant the application since the monarch had admitted in his Statement of Defence that the land located at Alagbaka GRA, Akure had been acquired by the government and that the Ondo State Government had granted the land to the Federal Government, which in turn had contracted same to his client to construct the Federal Housing Estate project.
In its ruling, the court, through Justice Odusola, agreed with the submission of Emodamori and dismissed the application with a fine.
The court however ordered an accelerated hearing of the case; when the case came up for hearing again on December 8, and the counsel to the Deji sought another adjournment to file some processes which he ought to have filed before that date.
This led to another objection by counsel to Medaville Building Construction Ltd, Emodamor who accused the Deji’s lawyer of bringing frivolous applications for adjournment in order to stall the hearing of the case in spite of the order for accelerated hearing earlier granted by the court.
The Judge granted the adjournment sought by counsel to the monarch but ordered him to pay the N50,000 fine to Medaville Building Construction Ltd before the next date of adjournment for wasting the time of the court and the company.
It would be recalled that the Company had dragged the Deji of Akure to court for allegedly trespassing on the Medaville Estate Project site which was released to the company by the Federal Government for the construction of the estate.
The case was thereafter adjourned to 24th January 2022 for hearing.