
Justice Sharafa Abioye Olaitan of the Lagos High Court sitting in Epe has declared that the Iposu Chieftaincy family is not the rightful owners of the 1168.141 hectares (2886.534 acres) of land situated at Epe communal land.
The land includes the large expanse of land at Akesan and Papa, bounded by Epe Lagoon, Santos Family land, Lupotoro family land, Odofin Compound, Jubulu Family land and Itemu River, measuring 1168.141 hectares (2886.534 acres) more, particularly shown on Composite Plan No: ASC/050°/LA/2020 drawn by Surveyor F. A. Ogunbadejo and dated August 10, 2020.
The judge, while delivering judgment, held that the large expanse of land is fully owned by the Oloja of Epe, Oba Kamoru Animashaun, and the Awujale of Ijebu-land, Oba Sikiru Adetona.
The court delivered judgment after eight years of legal tussle between Prof. Sulaiman Owolabi Talabi, Chief Olayiwola Alade Oladunjoye and Chief Wale Mogaji, who sue for themselves and on behalf of Iposu chieftaincy family in the suit number EPD/131LMW/2016 against the defendants/counter claimants, who are Mr. Bayo Rasaq, Mr. Ahmed Rasaq, the Oloja of Epe, the Awujale of Ijebu Land, and Rivebond Nigeria Limited.
Justice Olaitan ruled that the defendants failed to tender the survey plan used in the Supreme Court case upon which judgment was based.
The court also noted that if the defendants have done that, in giving judgment to the counter claimants in this case, she would have directed that the extent of the land covered by the survey plan in Solomon v Solomon be removed from Ijebu land (i.e. from Exhibit FOA 2) for the benefit of the defendants since the matter was a judgment upheld by the Supreme Court.
“In conclusion, after weighing the evidence of each of the counter claimants and the evidence of the defendants on the imaginary scale of justice, I find on a balance of probabilities that the scale of justice tilts in favour of the counter claimants.
“With respect to the 1st, 2nd and 4th counter claimants, I grant reliefs I, II, III and V. I award N5 million as damages under relief FV thereof. I award a cost of N5 million against the defendants and in favour of the two counter claimants to be shared in the ratio 70% for the 5th counterclaimant and 30% for the 1st, 2nd and 4th counterclaimant.”
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