(NIGERIA) The Chief Judge of Lagos State, Justice Olufunmilayo Atilade has been petitioned by a Lagos based business woman, Alhaja Adenike Bolanle Sonde, over alleged fraudulent duplication of the file of a case involving her and one, Adepeju Bailey, on the possession of a shop located at 41, Ekoro Road, Abule-Egba, Lagos State.
According to the petition dated December 9, 2014 and signed by her lawyer, Alletor Christopher Eromosele, the business woman insisted that one Olawale Oguntoyinbo, from whom she bought the property in connivance with certain court officials deliberately orchestrated a situation whereby a case in respect of the same party, same subject matter and having the same suit number was concurrently assigned and transmitted to two different courts for adjudication.
Alhaja Sonde further alleged in the suit designated MIK/6052/2011, instituted against her and Fanlot (Nig) Limited by Bailey was concurrently assigned and transmitted to Court 5 at the Abule-Egba Magistrates Court and Court 28 at the Ojokoro-Ijaye Magistrates Court.
The business woman also stated that she was misled into believing that
the matter was pending before the Abule-Egba Magistrates Court while
proceedings in the same matter was going on at the Ojokoro-Ijaye
Magistrates Court.
The petitioner stated further that the seriousness of the anomaly, apart
from the fact that the suit number MIK/6052/2011 was repeated, lies in
the fact that two different files in respect of the same parties were
concurrently assigned and transmitted to two different courts presided
over by two different Magistrates.
Alhaja Bonde explained that while one of the files was transmitted to
Court 5, Abule-Egba, Lagos, presided over by Chief Magistrate Oyetade Komolafe, the other file was transmitted to Court 28, Ojokoro-Ijaye, presided over by Senior Magistrate K.O. Ogundare.
The business woman posited also that consequent upon the court papers served on her, she was attending proceedings at the Abule-Egba Magistrate Court up till when the matter was strucked out on July 23, 2013 for lack of diligent prosecution.
According to her, "I only got to know about the duplicate case at the
Ojokoro-Ijaye court on October 5, 2012, when certain officials of the
High Court of Lagos State led by one, Sheriff Ojo Adebola, stormed my premises and carted away goods and chattels worth N2.5 million
purportedly in execution of a judgement delivered against me on the
August 31, 2012 by Senior Magistrate K.O.Ogundare of Court 28, Ojokoro-Ijaye Magistrates Court in suit number; MIK/6052/2011.
"Having gotten the Certified True Copy(CTC) of the judgement, I eventually filed a motion dated October 15, 2012 before the Ojokoro court seeking an order setting aside the judgement
delivered on 31st August, 2012."
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