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Court Invalidates ‘Consent Judgment’ Granted To Family To Take


…ruling will bring development, win investors—Osun govt land developer

An Osun State High Court sitting in Osogbo on Friday nullified a consent judgment and warrant of possession of 19.5 hectares that was earlier granted to a family belonging to the Osun State Government.

The court declared that the consent judgment and warrant of possession were obtained by fraudulent misrepresentation and concealment of a material fact.

Osun State Government had commenced its housing estate through Public-Private Partnership, and Living Spring Estate undertook its development. Meanwhile, a family through one Prince Olalekan Salami challenged the Osun government, which is the original owner of the land, with a consent judgement and warrant of possession in 2022.

However, Osun State Governor, Attorney-General and Commissioner of Land and Physical Development, filed an application before Justice Oyeyemi Oyebiyi to nullify the purported consent judgment and warrant of possession which the family used to impede the development of the estate on the land.

Giving the ruling on Friday, Justice Oyebiyi granted the order to set aside the consent judgment and warrant of possession or writ of possession of November 14th 2022, in Suit No. HOS/92/2021 between Prince Olalekan Salami and the Governor of Osun State with two others, saying, “the judgment was obtained as a consent judgment by fraudulent misrepresentation and concealment of material facts.”

Speaking after the court session, the counsel to Osun State Government, Mr Philips Afolayan, said, “By implication of this ruling, Osun State Government is now the owner of the land and the plaintiff can’t go to the land.”

“The consent judgment has been set aside today, and that matter is now to go back to the court list for hearing on the merits, so that’s what happened in court today.

“The warrant of procession that was issued for these people to execute the judgment that has also been set aside. So they can’t do anything irrespective of that land now and that matter is to now go into a proper hearing, all parties will call their witnesses with evidence, and the matter will be determined on the merit.

Also, the estate developer, Mr Oyinlola Oluwafeyijimi, said, “This ruling is a victory for the development of Osun State. This will encourage investors to tap into the Osun government housing agenda.

“So, since the content judgment has been set aside, the alumni of Osogbo grammar school can take over their land now and do the needful with their land, so the land now belongs to the Osun State government, not to any individual,” Oyinlola added.



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