Justice Olalekan Oresanya of a Lagos State High Court has set January 9, 2025 for ruling on whether renowned National Security Strategist and Armament Expert, Dr Olumide Wole-Madariola, can appeal a ruling that favoured the United Bank of Africa (UBA) in a property dispute.

Wole-Madariola, a former President of The Nigeria Shooting Federation and

Defence Strategy scholar, is seeking permission to appeal a December 3, 2024, order that reversed the eviction of UBA from his property at Lagos.

The dispute stems from a previous judgment by Magistrate L.O. Kazeem, which granted Wole-Madariola possession of his property and ordered UBA to vacate the premises due to years of unpaid rent.

Magistrate Kazeem had in its judgment, held that, "The claimant's claims against the defendant's possession of the office space at Awaye House and mesne profit at the rate of N437,500.00 per month from July 14, 2022 till possession is given up."

He also held that the Tenancy Law of Lagos State is clear on how to get possession of any demised property, declaring that "it is trite that proper issuance and service of relevant statutory notices entitles any claimant of a demised property to an order of possession."

After citing a plethora of authorities, he held that: "A landlord has an unfettered legal right to terminate a tenancy upon giving adequate notice. After all, the property is his, and he can at any time retrieve it subject to the condition in the tenancy agreement.

"Once he abides by the provision of the tenancy agreement, the tenant has no choice than to vacate possession. The provision of the law is as straight and as simple as that. It is almost like the day and night changing places. What usually brings a problem between a landlord and a tenant is the giving of adequate notice.

He ordered UBA Plc to pay the claimant mesne profit at the rate of N437,500 per month from July 14, 2022, until possession is given up. And on August 16, 2024, the execution was carried out by the Sherrif department of the high court of Lagos State and UBA was evicted from the property with all their belongings.

Dissatisfied with the judgment of the lower court, UBA Plc filed an appeal against Wole-Madariola and Assistant Chief Registrar (ACR), Deputy Sheriff Department, Sheriff Department High Court of Lagos State as first and second respondents in a suit delineated

LD/8462GCM/2024 at the High Court, wherein it asked Justice Oresanya to set aside the judgment and execution

On December 3, Justice Oresanya in a ruling, held that the whole and in the final analysis the dictates of justice is in favour of granting the applicant's motion seeking to set aside "the wrongful execution of the judgment of the lower court by the second respondent".

He insisted that the application is meritorious and succeeds accordingly as he ordered that the "wrongful execution of the judgment of the lower court delivered on April 30, 2024 in suit No. MCA/3099/2022 is hereby set aside. "

He added, "The second respondent shall stay the execution or further execution of the said judgment delivered by the lower court pending the determination of the applicant's motion seeking leave to appeal and stay of execution in suit No. LD/5855/MJR/2024 pending before this court"

The judge further ordered that all parties in the suit shall return to status quo ante bellum regarding the subject matter of the suit pending the determination of the applicant's motion for leave to appeal and stay of execution.

Wole-Madariola, through his counsel, Chief Richard Ahonaruogho (SAN) leading Bar S.A Amubikanun ,in his motion on notice dated December 16, 2024, asked court to grant him leave to seek to challenge the ruling at the appellate court.

The senior lawyer's motion on notice was brought pursuant to Sections 6(6)(A) and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended): Order 43 Rule 1 & Order 58 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules, 2019. (Nigerian Tribune)

Update news