The Lagos High Court had on December 31, 1993, delivered judgement in favour of the Shangisha Landlords Association against the Lagos State Government. The judgement was upheld by the Appeal and Supreme Court
By Jude-Ken Ojinnaka
The Supreme Court has directed the Lagos State Government and the Shangisha Landlords Association to resolve their land dispute amicably, stating that it lacked the power to review its own Judgement.
The 5-man panel, led by Justice Iyang Okoro in a ruling, advised counsel to the parties to study the decision of the Court between themselves and reach an agreement as to the proper terms of settlement. After reaching an agreement, they should invite all parties to arrive at an amicable resolution of the matter.
During the proceedings at the Supreme Court, Adenrele Adegborioye and Abdulateef Afolabi of BA LAW LLP announced appearance for the Judgement Creditors/Applicants (Shangisha Landlords Association), Olumuyiwa Akinboro (SAN) announced appearance for the Judgement Debtors/Applicants (Lagos State Government), while Olumide Sofowora (SAN) appeared with Deji Fasusi for the respondents (other landlords).
While declining to hear any of the applications, the Supreme Court observed that Judgement having been delivered, the application of the Lagos State Government is tantamount to asking the Court to review its Judgement which it does not have the power to do.
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Consequently, the Court advised Counsel to go home, study the decision of the Court between themselves and reach an agreement as to the proper terms of settlement and thereafter invite all parties in order to arrive at an amicable resolution of the matter.
The Court stated that if after the settlement some persons are still aggrieved, then they should go to the High Court and file their suits.
Heeding the advice of the Court, Akinboro (SAN) withdrew the Judgement Debtor’s Application, while Mr Adegborioye did the same for the application filed by the Judgement Creditors (Shangisha Landlords Association) seeking to substitute names of deceased landlords).
The applications were consequently struck out.
Recall that a Lagos High Court had on December 31, 1993, delivered judgement in favour of the Shangisha Landlords Association against the Lagos State Government, which was also affirmed by the Court of Appeal, and later by the Supreme Court upon an appeal filed by Lagos State Government.
The lower court had in its judgement held that “members of Shangisha Landlords Association whose lands and buildings at Shangisha Village were demolished by the Lagos State Government and/or its servants or agents from June, 1984 to May 1985 are entitled to the first choice preferential treatment by the Lagos State Government, before any other persons in the allocation or re-allocation of plots in Shangisha village.”
The court also granted an Order of Mandatory Injunction directing the Lagos State government to allocate 549 ( Five hundred and forty-nine) plots of land to the plaintiffs in the said Shangisha Village Scheme in the Shangisha village.
Dissatisfied with the judgement, the Lagos State government took the matter to the Appeal Court where the lower court’s judgement was upheld.
The matter eventually proceeded to the Supreme Court where the judgement was upheld again, thereby compelling the Lagos State Government to allocate 549 Plots of Land to the aggrieved Landlords in the area.
Pursuant to the Judgement of the Supreme Court and the advice given by the court, the Association began negotiation with the Lagos State Government to ensure an amicable settlement of reallocation of land at Magodo Scheme.
To give corporate entity and statutory backing to the name of the Association (Judgement Creditors) decided to formally register the name of the Association with the Corporate Affairs Commission, with the name, “Shangisha Landlords Association” with registration number 171512.
However, given the disagreement as to how to allocate the 549 Plots of land, the subject matter of the Judgement, the Lagos State government approached the Supreme Court seeking direction as to how to enforce the Supreme Court Judgement.
The matter came up on the 25th March 2024.
But, the Supreme Court encouraged counsel to the Respondents (Judgement Creditors) to advise his clients properly to give the Lagos State Government their maximum cooperation in the execution of the judgement.
