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Family goes to Supreme Court over Isheri-Oke land dispute

By Yetunde Ayobami Ojo
20 April 2023   |   3:22 am
The tussle between the Ikumoworo family and Olofin family over Isheri-Oke disputed land, situated at Old Olowora Road, Isheri-oke, Lagos State, has been taken to the Supreme Court.

The tussle between the Ikumoworo family and Olofin family over Isheri-Oke disputed land, situated at Old Olowora Road, Isheri-oke, Lagos State, has been taken to the Supreme Court.

Counsel to the Ikumoworo family, Josephine Momoh, has filed an appeal at the apex court over the judgment delivered by the Court of Appeal, Lagos Division, which on March 16, 2022, overturned the judgment delivered by Justice Yetunde Idowu in favour of Momoh.

The Ikumoworo family comprises the Onikosi, Onikoro and Oshorun families. Momoh, who is the claimant, is an agent of the Ikumoworo family and she’s suing as an attorney of the family.

Momoh’s grounds of appeal stated that, “the court erred in law when it held that the testimony of the appellant on the traditional history of Ikumoworo family was very porous and inconclusive because neither PW2 nor PW4 testified on the details of intervening owners through whom they claimed the land. And thereby came to a perverse decision occasioning serious miscarriage of justice to the appellant.

“The pleadings and evidence of PW2 and PW4 agree on the fact that their progenitor was Ikumoworo and that he deforested a large portion of land including the land in dispute.  “The evidence of subsequent or intervening owners of part of the land in dispute cannot override or be superior to the evidence given of the first settler and founder of the large parcel of land including the land in dispute.

The appellant in the trial court gave evidence of the children of Ikumoworo which the land in dispute devolved on jointly by way of inheritance under Yoruba Native Law and custom.

“Therefore the Justices of the Court below did not properly evaluate the evidence of traditional history of the family as the owner of the land in dispute. The Court of Appeal erred in law when on page 30 of their judgment relied on the judgments tendered as Exhibit N, 0, 01 & Y to found in favor of the respondents as the owner of the land in dispute and thereby came to a perverse decision occasioning serious miscarriage of justice to the appellant.”

Meanwhile, Justice Idowu of Lagos High Court, had on July 16, 2009, delivered a judgment in the suit no: ID/1664/1999 filed by Princess Josephine Momoh against Oba Nurudeen Adekanbi, the Olofin of Isheri for himself and on behalf of Olofin family restrained them (respondents, Olofin Isheri family) from trespassing on the disputed land.

Aside the traditional ruler, others in the suit are: Mr. Lasisis Kudoro, Mr. Bashiru Kudoro for themselves and on behalf of the other members of Kudoro’s family. As well as Akin Kudoro Adisa Adejonwo, Mr. Yinka Ajenifuja and Unknown trespassers/as first to fifth respondents respectively.

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