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 in Osogbo belonging to the Osun State Government.
The court declared that the consent judgment and warrant of possession were fraudulent obtained bia false misrepresentation and concealment of a material fact on the case.
The land located along Iwo-Ibadan road in Osogbo has been a source of controversy in the recent as Osun government has marked it for estate development.
The 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, applauded the court for returning the land to the government.
“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 the verdict will boost investors confidence and will ensure more investors come in.
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