An Ikeja High Court on Wednesday fixed Oct. 15 for continuation of trial in a N170 million suit over alleged trespass.
Shalom Nursery and Primary School and Cedar College instituted the suit against Sakiru Lawal and others, alleging unlawful entry into the school premises and destruction of property.
The claimants are seeking N90 million as damages for trespass and destruction, N80 million as litigation costs, and an order restraining the defendants from further acts of trespass.
When the case was called, Justice Akintunde Savage, adjourned the case following an application by the lead defence counsel, Mr Olusegun Fabunmi (SAN).
Fabunmi argued that he was unprepared to continue with the cross-examination because he was out of the country during the previous court sitting.
He noted that his principal counsel had commenced the cross-examination in his absence on May 5.
The claimants’ counsel, Dr Adekunle Ojo (SAN), opposed the application, arguing that there was no compelling reason for the delay.
Ojo urged the court to proceed with the trial, maintaining that proceedings should not be delayed without sufficient grounds.
The judge initially rejected the application and directed the defence to proceed with the cross-examination.
During the hearing, the witness, Mr Joseph Ayuba, told the court that he was not the owner of the school.
Ayuba said he had worked as a security guard at the school for six years.
The defence counsel subsequently made another application for adjournment, which was not opposed by the claimants’ counsel.
The court thereafter adjourned the case until Oct. 15 for continuation of trial.
The News Agency of Nigeria (NAN) reports that Ayuba had, on May 5, testified that he could identify the leader of the alleged intruders.
He alleged that on Jan. 28, 2023, trespassers invaded the school premises at Plot 3, Block 26, Federal Government Site, Phase 2, Baruwa, Ipaja, Lagos, and destroyed property.
The witness alleged that a defendant, identified as Kaka, threatened him and forced open the gate with tools.
Ayuba added that he vividly remembered the defendant’s face.
The claimants said they hold a statutory right of occupancy following a 1992 land allocation by the Federal Government.
Meanwhile, the defendants urged the court to dismiss the suit, claiming ownership of the land through a previous court judgment.
