Justice Oyeyemi Ajayi of the Oyo State High Court, Ibadan, on Monday awarded ₦100 million in damages against the Nigerian Army and the 2 Division, Ibadan, for trespassing on part of the Ajigbotosho family land at Alagbede Village.
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The claimants, representatives of all those who purchased parcels of land from the Ajigbotosho family, instituted the action against the Chief of Army Staff and the General Officer Commanding, 2 Division, Ibadan.
Other defendants are the Garrison Commander, Nigerian Army Garrison, Odogbo, Ibadan; the Commandant, 42 Mechanised Engineers; Col. Yunusa Yusuf; and other unknown trespassers.
The claimants also sought an injunction restraining the defendants from further trespass on the land.
Delivering judgment on Monday, Justice Ajayi resolved all the issues in favour of the claimants, who are civilians and representatives of all those who purchased parcels of land from the family in the area.
He said: “The Ajigbotosho family layout at Alagbede Village, Ibadan, is contained in Layout No. RAK/MISC/637 as prepared by Surveyor R. A. Kadiri, as used in the dispute survey No. OY/297/2006/DS05.
“The survey, which was jointly prepared by Surveyor A. A. Adeyemi and dated April 13, 2006, was not within the Army-acquired land at Odogbo Barracks, Ibadan.
“The defendants, their servants, agents, privies or anybody acting through them are hereby restrained from further trespassing on the claimants’ land at the Ajigbotosho family layout, Alagbede, Ibadan.
“This court hereby grants ₦100 million as general damages against the defendants,” Ajayi said.
The claimants, represented by their counsel, Mr Abioye Oloyede-Asanke, SAN, are Pastor Alex Adio, Pastor Tunde Taiwo and Mr Tunde Akinlolu, as representatives of all those who purchased land from the Ajigbotosho family at Alagbede Layout, Ibadan.
Earlier, the first to fourth defendants had filed a notice of preliminary objection, arguing that the case was pending before another court.
However, Justice Ajayi dismissed the preliminary objection, holding that the subject matters were not the same. (NAN)
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