Court sets aside judgment, warrant of land possession
The High Court of Ogun State, Ifo Judicial Division, has set aside a judgment based on which a piece of land at Ifo LGA was encroached upon. The land measuring
The High Court of Ogun State, Ifo Judicial Division, has set aside a judgment based on which a piece of land at Ifo LGA was encroached upon.
The land measuring 9,814.627 sqm is situated along Denro–Ojodu Abiodun Road, Ishashi via Akute, Ifo LGA, Ogun State.
It is delineated in Survey Plan No. LC 2565 (OG) and covered by a Certificate of Occupancy (dated June 2009 and signed by the governor in July 2009).
Justice Olugboyega Ogunfowora, in a ruling on March 23, 2026, set aside the judgment previously relied upon by the encroaching parties, including the writ/warrant of possession and all steps taken pursuant to it.
A law firm, Aftermath Solicitors, in a public notice signed by Tunde Koya and Rotimi Adegbenro, insisted that the property remains the lawful property of Agro Tropic Nursery and Primary School.
The firm said: “Any continued advertisement, sale, allocation, entry, or dealing in respect of the said land by any person not authorised by our client is unlawful and of no legal effect.
“The public is strongly warned that any transaction relating to the land is at the buyer’s risk. All persons in occupation or trespassing are advised to desist immediately.”
In setting aside the judgment and warrant of possession, Justice Ogunfowora held that only the first to fourth defendants were served with the suit.
He upheld applications by Mrs Abiola Sorungbe (for and on behalf of Kilo Family) and others praying the court to set aside the warrant of possession as executed under the judgment.
The judge held: “It is more or less settled in law that failure to serve the originating processes is a condition precedent to the exercise of jurisdiction, as without such service, any judgment thus entered is a nullity.
Read Also: Tinubu leads tributes as Nigerians mourn iconic Galadima
“It is clear that no other person was served with the processes in this suit as it was not so endorsed for service on them, thus making the judgment of my Learned brother Oduniyi J delivered on 18th December 2024 a nullity.
“I hereby set the judgment aside in its entirety as I need not consider other grounds raised by the applicants in their respective applications.
“The Writ or Warrant of Possession issued on 16th January 2025, and the execution levied on 12th February 2025, sequel to the warrant issued, are also hereby set aside in their entirety.
“Costs assessed at N150,000 each are granted in favour of each of the four applicants against the Claimants/ first set of respondents.”
The claimants/first set of respondents are Chiefs Okikiola Seriki, Ganiyu Seriki, Jamiu Seriki, Saheed Seriki, Karimot Seriki and Mrs Silifat Seriki.
