Land dispute: Ilorin pastor heads to S’Court against ex-Kwara Perm Sec
The land dispute between a former Permanent Secretary in the Kwara State Civil Service, Prince Olaitan Adefila and the founder of World Commission Assembly church in Ilorin, on Thursday, took a new twist as the Court of Appeal, Ilorin division, hands off over the matter.
It would be recall that Prince Adefila has accused founder of the church, Pastor Issac Omoleyin, of encroaching on his landed property located along Jimba Oja village in Ilorin South Local Government Area of the state.
The court, in its ruling on Thursday, withdrew from entertaining the matter premising its reason on the development that the matter has been filed at the Supreme Court which is an higher court.
The claimant’s counsel, Barrister Joseph Adeseko, while speaking with THE INFORMANT247 commended the decision of the court.
Adeseko said the decision of the court is in line with the law saying once an higher court takes up matter, lower court must hands off.
“The judgement was obtained against one Mr Issac in respect of a land at Jimba Oja village, when the judgement was given at the trial court, up to the Appeal, our client, Prince Adefila was never notified of the existing proceedings.
“It was after the judgement was give and execution was to be carried out that he got to know of the proceedings. When he informed us of this, we approached the Court of Appeal to set aside the judgment.
“We filed the application late last year but couldn’t be heard because of Covid-19 pandemic that affected many things. When we got to court this morning, the other party said he had appealed to Supreme Court and the law is that, once an higher court takes up case, the lower court does not have jurisdiction to hear it again.
“Whatever application that is to be made now, must be directed to Supreme Court,” Adeseko said.
