An Osun State High Court sitting in Osogbo has nullified a consent judgment and warrant of possession over 19.5 hectares of land previously claimed by a family, ruling that the orders were procured through fraudulent misrepresentation and concealment of material facts.
Justice Oyeyemi Oyebiyi delivered the ruling on Friday, setting aside the consent judgment granted on November 14, 2022, in Suit No. HOS/92/2021 between Prince Olalekan Salami and the Governor of Osun State, alongside two other defendants.
The dispute centers on land earmarked for a housing estate project initiated by the Osun State Government under a Public-Private Partnership (PPP) arrangement. The estate, known as Living Spring Estate, is being developed as part of the state’s broader housing agenda.
The family, through Prince Olalekan Salami, had secured a consent judgment and writ of possession in 2022, which they subsequently used to challenge and stall the ongoing development of the estate.
However, the state government, represented by the Governor, the Attorney-General, and the Commissioner for Lands and Physical Development, filed an application before the court seeking to nullify the consent judgment. The application argued that the judgment was obtained through fraudulent misrepresentation and suppression of critical facts.
In his ruling, Justice Oyebiyi agreed with the state’s position, declaring that the consent judgment and accompanying warrant of possession were invalid. He ordered that the matter be returned to the court’s cause list for substantive hearing on its merits.
“The judgment was obtained as a consent judgment by fraudulent misrepresentation and concealment of material facts,” the court held.
Reacting to the development, counsel to the Osun State Government, Philips Afolayan, described the ruling as a significant legal victory.
He stated that, by implication, ownership of the disputed land rests with the state government pending the determination of the case on its merits.
“The consent judgment has been set aside today, and the matter is now to go back to the court list for hearing on the merits,” Afolayan said. “The warrant of possession that was issued for the execution of the judgment has also been set aside. The plaintiffs cannot take any step on the land until the case is properly heard and determined.”
He emphasized that the case would now proceed to a full trial, during which all parties would present witnesses and documentary evidence to substantiate their claims.
Also speaking after the ruling, the estate developer, Oyinlola Oluwafeyijimi, described the decision as a boost for investment and development in the state, saying the judgment would restore confidence among investors and stakeholders in the government’s housing initiatives.
“This ruling is a victory for the development of Osun State. It will encourage investors to key into the state’s housing agenda,” he said.
Oluwafeyijimi further stated that, following the court’s decision, the land remains under the control of the Osun State Government, paving the way for the continuation of the housing project.
The substantive hearing of the suit is expected to determine the final ownership and rights over the disputed 19.5 hectares, as the court prepares to examine the case based on evidence and legal arguments from all parties involved.
