By Sunday Aloba, Ado-Ekiti
Â Ekiti State High Court sitting in Ado-Ekiti has set aside revocation letters by Ekiti State Housing Corporation to home owners at Irewolede Estate in the state capital.
Â In a ruling by Justice Bamidele Omotoso on Tuesday in a Motion of Notice filed by the law firm of Chief Rafiu O. Balogun on behalf of Irewolede home owners on October 2, 2015 asking for an order to nullify and/ or set aside the letters of revocation of the allocation to the claimants/applicants’ houses, Omotoso agreed with the argument of the plaintiffs counsel that failure of the State Government and Housing Corporation counsel to file a counter affidavit to that of the claimants was admission to all facts deposed to by the plaintiffs.
The judge said that by the defence counsel’s action, it means theÂ defendants truly issued letters of revocation during pendency of the matter and the motion for injunction.
The judge said with the facts before the court pointing to the fact that revocation letters were issued to the plaintiffs during pendency of the case, such letter to all the seven claimants are hereby set aside.Â
The Chairman of Irewolede Estate, Ayo Orebe, and sixteen others on behalf ofÂ Â other home owners had taken the Housing Corporation to court over revocation letters by the corporation revocating their houses bought on mortgage agreement.
In the terms of purchase orders, house owners were supposed to defray payment between five and 25 years, but the corporation in itsÂ Â letter of notice to the house owners said Governor Ayodele Fayose had ordered the house owners to pay within one month or lose their houses.
The plaintiffs through their counsel approached the court to plead breach of contract and encroachment on their fundamental human right through forceful ejection.
Â But during the pendency of the matter in court, letters of revocation were issued to the plaintiffs.
Ruling on the matter, the court held that when parties had approached the court, none of the parties should take any further step in respect of the subject matter.
Omotoso ordered that status quo be maintained by the parties, saying:
Â â€œI want to remind the parties that having submitted their dispute over to this court for determination, the right to resort to self help ends.
â€œSo it will not be right or permissible for any of the parties to take any step during the pending of this suit which may have the effect of foisting upon this court a situation of complete helplessness.Â Â Parties are expected to await the outcome of this suit.â€
The court adjourned hearing on the matter to February 22, 2016 for the first and second defendantsâ€™ motion to amend their witness statement on oath.