• Sunday, May 26, 2024
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Lawyer kicks as Ondo High Court judge attempts to hear Appeal judgement

I can’t sit on appeal decided by other court, says Ondo judge

By Jacob Akintunde

There was drama at the Ondo State High Court sitting in Akure, when a judge, Justice David Kolawole wanted to adjudicate on a suit which had already been decided by the Federal Court of Appeal Court.

The drama started when the defence Counsel, Jimoh Famoritiye holding the brief of Dapo Agbede said Justice Kolawole, has no jurisdiction to hear a case already decided by the appellate court. But the judge, Kolawole insisted on proceeding with the trial especially when the judgment was obtained by fraud.

A High Court presided by Justice William Akintoroye has dismissed a suit over the ownership of land at Agbeja community in Akure South local government. The appeal Court presided by Justices Oyebisi Omoleye, Oziakpono Oho and Y. A Bashir also upheld the decision of the lower court on the disputed piece of land.

Read also: The relationship between Arbitration and Courts

However, one of the defendants in the previous case, Sunday Ijalana through his counsel, Biodun Fasakin filed a fresh case to upturn both the decision of the lower and appellate courts.

The suit filed by Biodun Fasakin on behalf of the claimants said “That the judgement dated 31st March 2021 delivered in suit No. AK/234/2014; Sunday Fayeun and 3 others versus Tuyi Omopariola, having been obtained by fraud by the defendants, is irregular, defective, null, void and unconditional.

Also, he asked for “An order setting aside the said judgement dated 31st March 2021 in suit No. AK/234/2014; Sunday Fayeun and 3 others versus Tuyi Omopariola, and all processes incidental thereto, forthwith.

He sought “A perpetual injunction, restraining the defendants, their agents, privies, assigns, representatives, whosoever/howsoever from laying any further claim to the claimants Arowa family land and/or engaging in any other unlawful acts on the claimants family land, howsoever, ostensibly on the basis of the said judgement dated 31st March 2021 in suit No. AK/234/2014; Sunday Fayeun and 3 others versus Tuyi Omopariola, forthwith.”

However, counsel to the defendants, Jimoh Famoritiye, asked the court to strike out or dismiss the suit, insisting that the court lacked the jurisdiction to entertain the suit already decided by the superior court.

He said since the appellate court has dismissed the Appeal sequel to the withdrawal of Notice of Appeal filed by the claimants, the court cannot sit on the Appeal of a superior court.

The judge, Kolawole, however, fixed May 24th, 2024 for ruling whether he can adjudicate on the suit already decided by an Appeal Court.