Kunle ADELABU
-Grants perpetual injunction against occupiers, developers
A Lagos State High Court (Criminal Division), sitting in Ikorodu Judicial Division, on Tuesday, March 13, 2018, ruled in favour of the Ogbonyari Akori Awomodu family, the Claimants in a land dispute case before the honourable court, when the presiding judge, Justice Lawal- Akapo, unambiguously declared that the large tract of land consisting of 30 plots situates at Enu-Owa, Gberigbe, Ikorodu in Ikorodu Local Government Area of Lagos State, Southwest Nigeria, is jointly owned by the entire members of the family which include the first Defendants in the suit, Prince Ganni Awomodu.
The judge delivered the ruling in the five years old matter which Prince Nurudeen Awomodu, Prince Luqman Awomodu and Prince Olasunkanmi Awomodu filed in court for themselves and on behalf of the Ogbonyari Akori-Awomodu family of Gberigbe-Owa, Ikorodu against Prince Ganni Awomodu who allegedly cornered the entire 30 plots of land to himself.
The Claimants had sued Prince Ganni, and some unknown occupiers/developers who are the 2nd Defendants in case with Suit No. IKD/39/2013, claiming that they are joint owners of the plots of land.
They also prayed that the court should declare the 2nd Defendants as trespassers on the said land.
Other prayers sought by the Claimants were an order compelling the 1st Defendant to disclose in full the location and identity of the 30 plots of land to the Claimants, an order of perpetual injunction restraining the 2nd Defendants from further trespass on the land.
The Claimants also sought for an order compelling the 1st Defendant to surrender all the land to the Claimants for the purpose of being redistributed to the defendant branches of Ogbonyari Akori-Awomodu family as well as an award of N1million against the 2nd Defendants severally as general damages for trespass committed on the land.
In proof of their case, the Claimants called a sole witness, Nurudeen Awomodu who testified with a written statement on oath dated 26th May, 2016.
The witness, in his testimony, stated that himself, the Claimants and the 1st Defendant are members of Akori-Awomodu family and that the 2nd Defendant are people that allegedly forcefully entered into Awomodu’s family land to erect wall fence and other structures on the land without the consent of the family.
He added that the 1st Defendant, aside being a family member, is also the Secretary of the Awomodu family.
He alleged that the 1st Defendant refused to honour an invitation by the Mediation Centre sitting at Alusa,Ikeja, when he was reported by the Claimants and rather, he resorted into unilaterally selling of the land in question.
He also stated that the Claimants approached the Traditional Customary Arbitration Panel on the matter and that after the intervention of the panel on 19th October and 2nd November, 2014,it was resolved that the 1st defendant should release the said land to the Claimants but he refused.
In the course of the matter, the Claimants tendered a written statement of oath which Prince Nurudeen Awomodu deposed to on 26th May, 2015, a document titled “Re-Allocation of Plots of land to members of the family , Lagos State Government Citizen Mediation Centre’s Letter dated 5th December, 2012 and 2 documents relating to proceedings of Customary Arbitration Panel titled “Oga-nla Isere”.
The documents were marked exhibits P1 to P4 (a and b).
The Claimants’ lawyer also cited Global Fishing Ind. Ltd. Versus Chief Folarin Coker (1990) 7 NWLR (PT. 162) page 265, Okeke versus Ejiofor (1996) (PT. 434) page 90, Olawepo versus Saraki (2005) ALL FWLR (PT. 498) page 256 at 297 – 8 and Aregbesola versus Oyinlola (No.2) (2011) ALLFWLR (PT.1140) 34 among other decided cases to support the claims of his clients..
According to the Claimants, the 1st Defendant further established service of processes when he engaged a Counsel who on 9th October, 2013, to filed Memorandum of Appearance dated 9th October, 2013, Statement of Defense dated 9th October, 2013 and 1st Defendant Written Statement on oath deposed to on 9th October, 2013, but, however, failed to come forward to adopt the deposition.
In his ruling, Justice Akapo stated that it is the position of the law that in the absence of the 1st Defendant to come forward to give evidence in support of his pleadings, such pleadings should be struck out citing Chief Sunday Ogunyade versus Oluyemi Oshunkeye (2007) 15 NWLR (PT. 1057) page 218 at 227.
He then struck out the Memorandum of Appearnace, Statement of Defense and Written Statement submitted by the 1st Defendant.
The judge further averred that, “Civil cases are decided on balance of probability. The judge is expected to put evidence led by both sides on an imaginary scale as decided in Rabiatu Odofin versus A.R. Mogaji (1978) Volume 11 NSCC Page 275 and see which is heavier not in term of number of witnesses called but by their credibility.
“In this case, there is nothing to be put on the other side of that imaginary scale. The scale, therefore, preponderates clearly in favour of the Claimants against the Defendants and I so hold.
“In the result, the claim of the Claimants succeeds and I make the following order:
“It is hereby declared that the Claimants and the 1st defendant jointly own the large tract of land consisting 30 plots situate and being at Enu-Owa, Gberigbe, Ikorodu in the Ikorodu Local Government Area of Lagos State”.
“It is hereby declared that the 2nd Defendants are trespassers on the land consisting of 30 plots situate, lying and being at Enu-Owa, Gberigbe, Ikorodu in Ikorodu Local Government”.
“An order hereby directing the 1st Defendnat to surrender to the Claimants for the purposes of distribution and partition of the land in dispute consisting of 30 plots situate, lying and being at Enu-Owa, Gberigbe, Ikorodu in the Ikorodu Local Government Area of Lagos State”.
The judge also awarded the sum of N200,000.00 in favour of the Claimants and against the Defendants jointly and severally.
A perpetual injunction was also granted against the 2nd Defendants and their agents from building, constructing or remaining in possession or dealing in any manner with the tract of land.
