Landmark judgement was on Tuesday 13, March, 2018 delivered infavour of Anoko-Akori-Awomodu family of Gberigbe Ewu-Owa, Ikorodu local government area of Lagos State against a member of the family, Prince Ganni A. Awomodu and illegal occupiers/Developers over a large parcel of land containing thirty (30) plots, which belongs to the family.
The judgement was delivered by the Honourable Justice L. B. Lawal Akapo at the Ikorodu High Court. The Anoko-Akori-Awomodu family in the case were, Otunba Nurudeen Awomodu (Otunba Mulero, Akarigbo of Ikorodu), Prince Lukman Awomodu and Prince Olasunkanmi Awomodu while Prince Ganni Awomodu and the illegal occupiers/Developers were first and second defendants respectively.
While the first defendant was identified as a member and the former secretary of the family, the other defendants were people who broke into the said land and erected wall fence and other structures without the consent of the Anoko-Akori-Awomodu family.
According to reports, the Akori-Awomodu family is a royal family and owns the land along Gberigbe road, Ewu-Owa, Gberigbe in Ikorodu from distant past, and on April 8, 2008, the land was partitioned and thirty (30) plots were allocated to the claimants section (Anoko-Akori-Awomodu family), which the first defendant, Prince Ganni Awomodu is a member.
He was alleged to have taken over the entire thirty plots meant for the claimants section and unilaterally started selling them while also refusing to either show the location of the land or give some portions to the claimants despite repeated demands.
The family explored several means to settle the matter which included lodging complaints against the first defendant (Prince Ganni) and his cohorts at the Mediation Centre, Alausa, Lagos, Traditional Customary Arbitration panel and traditional groups, all of whom invited the first and second defendants but they failed to show up and refused to release the land as ordered.
This prompted the claimants through their counsel, Segun Akeredolu to file a case against the defendants at the Ikorodu High Court on May 16, 2015 to seek the following claims:
- Declaration that the claimant and the first defendant are joint owners of the large tract of land containing thirty plots, which situates at Ewu-Owa Gberigbe in Ikorodu Local Government of Lagos State.
- Declaration that second set of defendants are trespassers to the land belonging to the claimants and the first defendant located at Ewu-Owa Gberigbe within the jurisdiction of the court.
- An order compelling the defendant (Prince Ganni Awomodu) to disclose in full the location and identity of the thirty plots of land to the claimants.
- An order of perpetual injunction restraining the second set of defendants from further trespass of the claimants land.
- An order compelling the first defendant to surrender all the land to the claimants for the purpose of being distributed to the different branches of Akori-Awomodu family of Gberigbe, Ewu-Owa, in Ikorodu local government of Lagos State.
- Award of the sum of one million naira (N1million) against the second set of defendants severally as general damages for trespass committed on the claimants land.
Also, in the course of their testimony, the claimants tendered the underlisted documents:
- Written statement on oath of Nurudeen Awomodu deposed to on 26th May, 2015- Exhibits ‘P1’
- Document titled: Re-Allocation of plots of land to members of the family-Exhibit- ‘P2’.
- Lagos State government Citizen Mediation Centre letter dated 5th December, 2012, Exhibit – ‘PB’.
- Two documents relating to proceedings of customary and Arbitration titled Oga Nla-Isere – Exhibit ‘P4’ (A) and P4 (B).
However, Justice Akapo, while delivering his judgement after twenty court sittings out of which the defendants were only represented by their counsel three times, painstakingly read through all the arguments of the counsels to both parties and stated that the cases cited by the counsel to the claimants were very relevant and direct to the point. He maintains that where a party fails to give evidence in support of their pleadings, such pleadings should be struck out.
He, then, struck out the memorandum of appearance dated 9th October 2013, statement of defence dated 9th of October, 2013 and written statement on oath deposed to on 9th October, 2013 by the defendants.
Justice Akapo explained that civil cases are decided on balance of probability as judge is expected to put evidence led by both sides on an imaginary scale as decided in Rabiu Odofin Vs. A.R. Mogaji (1978) volume II NSCC page 275, which relied on credibility and not the number of witnesses called.
He stated that there was nothing to be put on the other side of the imaginary scale, which clearly showed that everything was in favour of the claimants and against the defendants.
The judge, therefore, declared that the claim of the claimant succeeded and ordered the first defendant to surrender to the claimants for the purposes of distribution and apportioning of the land. He also gave an order of perpetual injunction restraining the second set of defendants whether by themselves, their servants, agents or privies from building, constructing, remaining in possession or dealing in any manner with the tract of land.
He declared that the second defendants were trespassers on the land and awarded damages in the sum of two hundred thousand naira (N200,000) in favour of the claimants against the defendants jointly and severally. Justice Akapo also upheld that both the claimants and the first defendant jointly own the thirty plots of land.
After the judgement, Mr. Odunlami Banjoko, who represented the lead counsel to the claimants commended the judge for delivering a well-considered judgement and demanded the sum of two hundred thousand naira (N200,000) as cost for the time and money spent in prosecuting the case.
The judge agreed that they were entitled to cost and awarded the cost of two hundred thousand (N200,000) in favour of the claimants. While the three claimants were present in court, both first and second defendant and their counsels were conspicuously absent.
Barrister Odunlami speaking with Oriwu Sun after the judgment, hailed the judgement and said that he was satisfied with the outcome. He said other defendants that were not in court were well served with papers. According to him, the refusal of the defendants to attend court would not affect the execution of the judgement since justice does not wait for anyone.
Otunba Nurudeen Awomodu described the judgement as a confirmation of their claim that the thirty plots belong to the entire members of Anoko-Akori-Awomodu family and not the property of a single person.
He urged Prince Ganni Awomodu to abide by the court judgement and start looking for ways to compensate those that bought the land from him as the family would soon take possession of the entire thirty (30) plots of land.