The Court of Appeal in Ibadan has vested the right of ownership of Ofada community land in Obafemi Owode Local Government Area of Ogun State on the community’s families and individuals constituting it.
It set aside the lower court’s judgment and held that the plaintiffs/appellants reserve the right to apply for and obtain a statutory right of occupancy in respect of the land.
The appellants are the Baale, Rabiu Adewunmi of Ofada land and 14 others, who filed the suit for themselves and on behalf of Ofada community/village.
They sued Mr Ayowole Adetayo and Dayo Shyllon, who traded under the name Shyllon Properties Ltd.
The Court of Appeal unanimously dismissed a cross appeal filed by the respondents for lack in merit.
An Ogun State High Court had dismissed the plantiffs’ suit and entered judgment in the defendants’ favour. Dissatisfied, the plaintiffs appealed, while the respondents filed counter claims.
The appeal court, in a judgment delivered by Justice Chinwe Eugenia Iyizoba, held: “It will be a miscarriage of justice in the circumstances to grant to the cross appellants a declaration of title to the entire Ofada land as counter claimed.
“The cross appeal is consequently lacking in merit. It is hereby dismissed. The part of the judgment of the High Court of Ogun State, Abeokuta delivered on the 24th of October, 2012 in suit No: AB/237/2008 granting the cross appellants declaration of title to the unallotted portion of Ofada Land is hereby set aside,” the court held.