AFTER many years of litigation on who is the rightful owner of the expanse of land that is being claimed by two notable families in Igbokuta, a community in Lagos State, an Appeal Court sitting in the same state has stuck out the appeal filed by the Ajala and Akinrele families’, co-defendants in the case.
Earlier, the Baale of Igbokuta Chief Nosiru Tajudeen and others representing the Ogunbawo families of Igbokuta village after observing those they termed their customary tenants taking over the sale of their lands without due recourse to them, had on the 9th of November 2009 through an amended writ of summon sought a declaration from the court that they(claimants) are the persons entitled to the grant of statutory/customary right of occupancy over all that expanse of land situate lying and being at Igbokuta Village, via Imota. Ikorodu Lagos State delineated on survey plan No IMS/LS/Y2/627/10 dated the 10th of August 2001.
They further sought the order of the Honourable Court forfeiting the Defendants’ right of customary tenancy over portions of the same land and also urged the Court to restrain the defendants, their agents, servants, and privies from going unto, entering into, selling, leasing or alienating in any way whatsoever, carrying out any construction/development works and/or trespassing in any way whatsoever on all that expanse on the said land.
The claimants therefore sought the sum of N500.000.00 as general damage for the defendants’ acts of trespass while in the same vein prayed the court to grant the claimants possession of all the expanse of land.
In response the fourth to the sixth defendants for themselves and on behalf of the Ajala family co-defendant in the suit are seeking from the court a declaration that they are the persons entitled to the grant of the statutory right of occupancy over all that expanse of land situate lying and being at Igbokuta via Imota Ikorodu Lagos State. They therefore sought an order of perpetual injunction restraining the claimant’s access into the land while also seeking the sum of 500.000.00 as general damage for the claimant’s acts of trespass
Having listened to the parties who lucidly gave graphic description about how they arrive at their various claims, the learned Judge in his judgment declared that the claimants are the persons entitled to the grant of statutory right of occupancy. It therefore forfeits the defendant’s right of customary tenancy over portions of the said land and therefore restrained them or any of their agents’ right to trespass into that land and awarded the sum of N100, 000, 00 severally against the defendants.
However, the defendants not satisfied with the judgment of the High Court filed an appeal in the High Court of Appeal sitting in Lagos but the appellate court dismissed the appeal vide order 8 Rule 18 of the Rules of the court for failure to compile Record of Appeal. Consequently N20, 000(twenty thousand Naira) and N10, 000 (ten thousand naira) was awarded as cost to the 1st and 2nd set of respondent/applicant.