By Olufemi Oni, Ilorin
A High Court sitting in Ilorin, the Kwara State capital, and presided over by Justice Nureni Kuranga, has given an order “restraining the Kwara State Government, their agents, privies, assigns and whosoever deriving or claiming the title from or under them from
further interfering with Artee Industries Limited’s peaceful
possession of the parcel of land covered by right of occupancy No. KW 17223, measuring 4.371 hectares and situate along Wahab Folawiyo (Unity) Road, Ilorin (Old Amusement park).”
The court also gave an order restraining the Kwara State Government from continuing to trespass on the parcel of the land pending the determination of the substantive suit and or such further order or orders as the honourable court may deem fit to make in the circumstances.
It would be recalled that the disputed land was sold to Artee Industries Limited by the immediate past administration of ex-Governor Abdulfattah Ahmed. The present administration of Governor AbdulRaan AbdulRazaq stopped the company from making any development on the land, claiming that due process was not followed in the sale of the land as a result of which the company had to take the state government to court.
A copy of the order of the suit No: KWS/322/21, which was made available to journalists in Ilorin on Thursday, also granted an interlocutory injunction restraining both parties, the claimant (Artee Industries Limited) as well as the defendant, (the Kwara State Government) from doing anything further on the subject matter pending the determination of
the case.
Kuranga said: “This ruling is sequel to a motion on notice dated and filed the 7th day of October 2021. It is brought in pursuant to order 11 rule 2, order 12 rule 10 of the Kwara State High (Civil procedure) Rules and 2005 and under the inherent jurisdiction of this Honourable Court.
“The application prays for the following: An order of interlocutory injunction restraining the defendant/respondent, their agents, privies, assigns and whosoever deriving or claiming title from or under them from further interfering with applicants peaceful possession of the parcel of land covered by right of occupancy No. KW 17223, measuring 4.371 hectares and situate along Wahab Folawiyo (Unity) Road, Ilorin.
“An order restraining the respondent from continuing to trespass on the applicant’s parcel of land covered by a right of occupancy No. KW17223, measuring 4.371 hectares and situate along Wahab Folawiyo road, Ilorin pending the determination of the substantive suit. And or such further order or orders as this honourable court may deem fit to make in the circumstances.
“The application is supported by a 25-paragraph affidavit deposed to by one Arc Ladi Olatunde, an architect and, member of the Business Development Team of the applicant. Attached to the application are annexures marked exhibit, B, and C. These are copies of the provisional allocation letter dated 16th February 2011, a copy of the approval of the offer of Statutory right of occupancy dated 7th March 2011 and letters from Kwara State Physical Planning Authority dated 31st January 2020.”
He added: “Upon a motion on notice, the supporting affidavit and written address filed on the 7th day of October 2021; and after listening to Ahmed Tafa Esq for the claimants/applicants moved the motion on notice and having read the affidavit and written address filed in support of the application and the court has ruled:
“It is hereby ordered that interlocutory injunctions is hereby granted restraining both parties ie, Artee Industries Limited’s as well as the defendant (Kwara State Government) from doing anything further on the subject matter pending the determination of the case.”
Artee Group is the owner of Spar in Nigeria, intending to make Kwara residents benefit from massive investments of over N7b and more than 4,000 direct and indirect employment for the youths.
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