Justice Wasiu Animahun of a Lagos High Court sitting at Epe has declared Otunba Musa Adebamowo as head of Ewade ruling house of Igbooye, Eredo-Epe in Lagos State.
The court apart from the declaration also restrained one Julius Adenuga Lawal from presenting or parading himself or acting in the capacity of the head of Ewade Ruling House of Igbooyeland, Epe.
The court’s order was sequel to a Motion on Notice brought before the Court by the claimant/applicant, Otunba Abdulwasiu Musa-Adebamowo through his counsels, Hassan Fajimite, Babs Animashaun and Kemi Yusuf.
The court also made an order of interlocutory injunction restraining Lawal, the defendant, his agents, servants, privies “from interfering with, disturbing or preventing the claimant from performance of his duties and functions and exercise of the power and full enjoyment of rights of the claimant as the head of the Ewade Ruling House of Igbooye, pending the final determination of the substantive suit.”
The court also ordered parties to maintain status quo, prior to the commencement of hostilities on sale of family properties pending the final determination of the substantive suit.
In the writ of summon dated June 30, 2022, the Claimant had prayed for declaration that he remains the substantive head of Ewade Ruling House of Igbooye having not been removed since his election in 2005 by Ewade Ruling House.
The Claimant also prayed for a declaration that the defendant is not the head of Ewade Ruling House of Igbooye, Eredo-Epe; and a declaration that the conduct and activities of the defendant in parading himself as the head of Ewade Ruling House of Igbooye when the claimant has not been removed by Ewade Ruling House or by an order of the court was fraudulent and unlawful.
The Claimant had therefore sought for an order of the court nullifying all the actions and activities, including any document executed by the defendant in the capacity of the head of Ewade Ruling House of Igbooye, Eredo-Epe; an order of perpetual injunction restraining the defendant from parading himself and or presenting himself or allowing himself to be paraded or presented as the head of Ewade Ruling House of Igbooye, Eredo-Epe and a general damages of N10 million against the defendant .
In granting the order of interlocutory injunction against the Defendant, the trial judge held that the law is well settled and it is to the effect that it is to the maintenance of the status quo prior to commencement of hostility.
Justice Animahun held that the law favours the Claimant to continue to act as the head of the family pending determination of the substantive suit.
“The balance of convenience does not favour both side as it affect alienation of properties. Where this is the situation, the status quo must be ordered to be maintained”, the court ordered.
