A High Court in Lagos has set aside an interim injunction against the recognition of Oba Hafeez Olakunle Badiru, as the Elejigbo of Langbasa.
Justice (Mrs) L.A.M. Folami, gave her ruling, after the consideration of written submission of counsels to the claimants and defendants.
In the suit filed by Prince Saheed Adeniyi Sanni and some members of Langbasa community in Eti-Osa Local Government Area of Lagos State, the claimants asked the court to nullify the appointment of Oba Hafeez Badiru as the Elejigbo of Langbasa.
Named as defendants in the suit are the Governor of Lagos State, the Attoreny-General, the Commissioner for Local Government and Chieftaincy Affairs, the Chieftanicy Committee of Eti-Osa LGA, Eti-Osa Local Government Council and Oba Hafeez Olakunle Badiru.
Justice Folami, in her ruling on the 7th of August 2017, said: “I must point out right away that even though I read the affidavit of urgency as well as the counter affidavit deposed to in respect of this application, the matter in contention, with all due respect to Learned Counsel is a matter of law and the court shall not delve into the fact of the case at this point, it is left for the trial judge to consider these facts in determining the other pending applications before the court.
“The judgement before me strict sensu is whether the order of interim injunction granteed ex-parte by this Honourable Court on 13th June 2017 ought to be set aside.
“The application for interim injunction was filled and granted pursuant to the Provisions of Court 38 and 39 of the Rules of this Honourable Court (2012).
“Order 39 Rule 3 (5) of High Court Civil Procedure Rules 2012 proves that “an order of Injunction made upon an application shall abate after 7 days”
“Order 39 Rule 3 (4) makes provision for an extension of the Order of Interim Injunction for a further period not exceeding another 7 days, making a total of 14 days in all.
“The rationale for the rule that one order of interim injunction can only be made for a very short period is that the other party must also be given an opportunity to be heard.
“An interim injunction can be granted ex-parte to prevent an anticipated injury of a grave nature.
“I do not agree with the contention of the Claimant Counsel that the court has the inherent jurisdiction to grant an order of interim injunction pending the hearing of the application for interlocutory injunction.
“The cases cited by Learned Counsel are clearly not applicable to the circumstances of this case in view of the specific and unambiguous provisions of Order 39 rules 3 (3) and (4).
“I have also taken particular note of the cases of Okpokeri v Okpokeri (2000) 3 MWLR (pt. 649) and Eyo v Rickeets (2003) LPELK – 12396 (CA) cited by the Learned Silk and I must say that I agree with her reasoning in this regard.
“Having considered all the circumstance of this case, I agree with the submissions of the Learned Silk and do hereby hold that the order of interim injunction granted in this suit has expired and ought to be set aside.
“I find that the application is meritorious and I hereby set aside the order of interim injunction granted by this Honourable Court on 14th June 2017”.
It would be recalled that Oba Badiru was coronated on the 11th of November, 2017.
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