Court Declares Awujale, Oloja Rightful Owners Of Disputed Epe Land
JUSTICE Sharafa Olaitan of a Lagos State High Court, sitting in Epe, has declared that the Iposu Chieftaincy Family is not the rightful owner of the 1,168.141 hectares (2886.534 acres) of land situated at Epe communal land.
It includes the large expanse of land at Akesan and Papa, alleged to be 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.
In her judgment, Justice Olaitan held that the large expanse of land was fully owned by the Oloja of Epe, Oba Kamoru Animashaun, and the Awujale of Ijebuland, Oba Sikiru Adetona.
The court ruling came after eight years of a legal tussle between Prof. Sulaiman Talabi, Chief Olayiwola Oladunjoye and Chief Wale Mogaji who sued for themselves and on behalf of Iposu Chieftaincy Family as a defendant in suit number EPD/131LMW/2016 against the 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, in the judgment, held that the defendants failed to tender the survey plan used in the Supreme Court case upon which the judgment was based.
“I will also have taken the same position for all the Supreme Court judgments relied upon by the defendants in this case.
“But what do we have? The defendants did not present any of the survey plans used in all the judgments they relied upon.
“During cross-examination, DW1 could not even provide an answer to all the questions asked relating to those judgments.
“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.
“Concerning the 1st, 2nd and 4th counter-claimants, I grant reliefs I, II, III and V. I award N5 million only as damages under Relief FV thereof. I award cost of N5million only against the defendants and in favour of the two counter-claimants to be shared in the ratio of 70% for the 5th counter-claimants and 30% for the 1st, 2nd and 4th counter-claimants,” the judge said.