Biodun Esan, Ilorin
An Ilorin High court has restrained the Kwara government or its agents from itrespassing on a parcel of land on Wahab Folawiyo Street belonging to Artee Industry limited.
Justice Nureni Kuranga, in his ruling, restrained the state government, it’s agents, and privies from deriving or claiming the title or under them from further interfering on the parcel of land covered by a right of occupancy No. KW 17223, measuring 4.371 hectares situated on Wahab Folawiyo (Unity) Road, Ilorin (Old Amusement park).
The court also gave an order restraining the Kwara State Government from continuing to trespass on the land pending the determination of the substantive suit and or such further order or orders as the honorable court may deem fit to make in the circumstances.
“Upon a motion on notice, the supporting affidavit and written address filed on the 7th day of October 2021;
“And after listening to Ahmed Tafa Esq for the claimants/applicants moved the motion on notice and having read the affidavit and written address filed in support of the application and the court has ruled:
“It is hereby ordered that interlocutory injunction is hereby granted by restraining both parties ie, Artee Industries Limited as well as the defendant (Kwara State Government) from doing anything further on the subject matter namely property covered by a right of occupancy No. KW17223 measuring 4.371 Ha and situate along Wahab Folawiyo, Road Ilorin, Kwara State pending the determination of the case.
The court, in suit No: KWS/322/21 also granted an interlocutory injunction restraining both parties
from doing anything further on the subject matter pending the determination of the case.
“This ruling is sequel to a motion on notice dated and filed the 7th day of October 2021. It is brought in pursuant to order 11 Rule 2, order 12 rule 10 of the Kwara State High (Civil procedure) Rules and 2005 and under the inherent jurisdiction of this Honourable Court,” Kuranga said.
The claimant is praying the court for an order of interlocutory injunction restraining the defendant/respondent, their agents, and privies from further interfering with the applicant’s peaceful possession of the parcel of land.
The claimant is also praying the court for an order restraining the respondent from continuing to trespass on the applicant’s parcel of land pending the determination of the substantive suit.
The application is supported by a 25-paragraph affidavit deposed to by one Ladi Olatunde, an architect and member of the Business Development Team of the applicant.
Attached to the application are copies of the provisional allocation letter dated 16th February 2011, a copy of the approval of the offer of Statutory right of occupancy dated 7th March 2011, and letters from Kwara State Physical Planning Authority dated 31st January 2020.
Artee Group is the owner of Spar in Nigeria. The Group intended to make Kwara residents benefit from massive investments of over N7 billion and more than 4, 000 direct and indirect employment for the youths.
END
