*Muslim group seeks to appeal ruling
By Olamilekan Ajulo
A prominent Islamic organisation, Nasrul-Lahi-Il- Fathi Society of Nigeria, NASFAT, has filed a notice of appeal against the judgment of the Court of Appeal sitting in Ibadan, Oyo State which vested the ownership of its vast praying ground located along Lagos-Abeokuta Express-way to some families in Ogun State.
In its motion on notice designated with No CA/IB/ M463/2014, the organisation is seeking the leave of the appellate court to appeal to the Supreme Court against its judgment delivered on July 9, 2014.
The three-man panel of the Court of Appeal, Ibadan had, in a unanimous judgment, dismissed the appeal filled by the society on the grounds that it lacked merit.
Meanwhile, a publication by the families who won the case, advertising the sale of the land, has led to a sharp criticism from NASFAT which issued a caveat, urging the public to disregard the call for buyers.
NASFAT submitted, in a statement by its Publicity Secretary, Mr. Banji Busari, cautioning the public that the land in question was validly allocated to Nasrul-Lahi-Il- Fathi Society of Nigeria, through Ogun State Property and Investment Corporation (OPIC) via a letter with reference no S/EST/GEN/210/68, dated February 7, 2003.
It added: “The land is currently a subject of an appeal before the Supreme Court of Nigeria. As a result, we hereby advise members of the public to disregard the said publication in its entirety and avoid investing in litigation.”
In its motion on notice, dated September 22, 2014, NASFAT is praying the appellate court to grant it leave to appeal to the Supreme Court on grounds of law and facts.
In the motion, filed on its behalf by its solicitors, Citipoint Legal Practitioners, the appellant complaint against the decision of the appellate court on the grounds that its judgment was against the weight of evidence.
NASFAT submitted that the “lower court misdirected itself on the facts of the case when it held that the respondents were not caught by the doctrine of latches and acquiescence because the appellants entered the land Viet Armis.”
To this end, it was praying for an order of the apex court setting aside the judgment of the High Court of Ogun State as well as that of the Court of Appeal, Ibadan which affirmed it.
In a six-paragraph affidavit in support of motion on notice, deposed to by a legal practitioner, Mr Ayo Ademiluyi, it was averred that the applicant intends to approach the apex court on the grounds of law and facts which is predicated on the leave of the Court of Appeal.
It therefore prayed the court to grant the leave in the interest of justice.
In its motion brought pursuant to Order 7 Rule 1 of the Court of Appeal Rules 2011, Section 15 of the Court of Appeal Act, they also prayed for an order of injunction restraining the Respondents from taking steps to actualise the declaratory reliefs awarded them by the trial court which was affirmed by the appellate court in its judgment pending the hearing and the determination of the appellant appeal to the Supreme Court.
Apart from this, the appellant urged the court to grant an order staying the execution of the judgment of the appellate court delivered on June 23, 2014 pending the hearing and determination of its appeal to the Supreme Court. It submitted that unless the court grant the order of injunction as well as the stay of execution pending the determination of its appeal, the appeal will be rendered impotent.
The deponent stated : “Ï know as a fact that unless the respondents are restrained from taking steps in actualization of the declarations made in their favour the appeal of the appellant would be rendered nugatory as the respondents if not restrained, will take steps to sell the land and make it impossible or extremely difficult to restore the appellant to its previous position in case its appeal to the Supreme Court succeeds.”
No date has been fixed for the hearing of the motion.
It could be recalled in its appeal before the Court of Appeal, Ibadan, NASFAT had formulated 17 grounds of appeal asking the appellate Court to set aside the judgment of the high court which ceded ownership of the land to the claimants.
Arguing its case before the appellate court, NASFAT had said it requested land from Ogun State Property and Investment Corporation, OPIC, for educational and other developmental purposes.
It claimed its request was granted by the government in a letter dated February 14, 2005 of 28 hectares of land.
However, to have peaceful and undisturbed possession of the land, it negotiated with various individuals and families, including the claimants in the suit.
In its judgment, the Court of Appeal upheld the judgment of the trial court.
In order to affirm the authenticity of its ownership of the land, NASFAT referred to some other judgments of the Ogun State High Court whereby it was declared as the bonafide owner of the parcel of land in dispute.
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