Court Declares Elegushi Owners of Itedo Land

Twenty years after the Itedo community in Eti-Osa Local Government Area of Lagos state approached a Lagos High Court asking that the court declares they are entitled to a customary/statutory right of occupancy on the Itedo land, the court has dismissed their claim as a failed one.

Justice Abdullai Oyekan, declared that the Elegushi royal family is the original owners of the land in dispute edged pink in plan no. BAASS.096/LAG/97 dated January 6, 1998 which formed portion of their bigger land under native law and custom.

The Judge also declared that the challenge by the claimants and the individual occupants of the land edged black on plan no. BAASS.096/LAG/97 dated January 6, 1998 amounts to challenge of ownership of Elegushi royal family over the land and this amounts to forfeiture of their interest on the land under Yoruba native law and custom.

Specifically, the court ordered Elegushi royal family to take possession against the claimants and other individuals who are occupying the land as deriving title from the claimants or their predecessors of the area edged black on the plan no. BAASS/096/LAG/97 dated January 6, 1998 drawn by a licensed surveyor, Biodun Akinyemi.

Besides, the court granted a perpetual injunction restraining the claimants by themselves, their servants, agents and privies from committing further acts of trespassing on the land shown on plan no. LS/S/L/340 and particularly edged pink on plan no. BAASS/096/LAG/97 dated January 6, 1998 drawn by a licensed surveyor Biodun Akinyemi.
A sum of N250,000 was also awarded as damages for trespass committed by the claimants on the 2nd, 4th-7th defendants/counter claimants.

On the claim of N5 million damages by the claimants, the court held that: “As admitted by the claimants’ witnesses, they were selling during the pendency of this suit and what they were selling was land. Furthermore, the defendants were served with the claimants originating processes. This act of sale and trespass could not be denied as a confirmation was equally made on the legal practitioner who also got a parcel and built on the land. I accordingly hold that a sale during the pendency of a cause, is an abuse of the order of court, especially when what as in this case, the 2 principal parties knew of its existence. I refer to Justice Owobiyi’s ruling on the maintenance of status quo, which was not obeyed.

“Consequently, the claim on damages fails, because the claimants admitted not only to selling but also building. It is a well-known fact that whatever a litigant had done during lis pendens calculated to overreach his adversary would be undone or reversed by the court in its disciplinary jurisdiction.”

The claimants are: Most. Rev. Apostle Seblon Harrison Ikuegbowo, Emmanuel Ogunsade, Prince Jibowu Megba, Sanmi Jethro Harrison and Topia Oroale.

The defendants/counter claimants are: Attorney-General of Lagos state (1st def), Elegushi Property Investment Company Limited(2nd def), Bela Vista Property Development Company Limited(3rd def), Odofin of Ikateland, Chief Kehinde Elegushi(4th def), the Eletu of Ikateland, Chief Lamidi Elegushi(5th def), the Aro of Ikateland, Chief Karimu Bakare (6th def)and the Olisa of Ikateland, Chief Morufu Adisa Elegushi (7th def)for themselves and on behalf of Elegushi royal family.

Justice Abdullai Oyekan also declared that the irrevocable power of Attorney dated the 20th December, 1991 donated to the 3rd defendant by the 2nd defendant and registered as No 99 at page 99 in volume 1926 at Land Registry, Lagos is valid.

She declared that under and by virtue of the sale of the land to the 3rd defendant by the Elegushi royal family and the 2nd defendant (Elegushi Property Investment Company Limited) the 3rd defendant is the owner of land covered by irrevocable power of Attorney granted to it by the 2nd defendant is the person entitled to exercise all the ownership rights, control, management, enjoyment, possession, occupation and superintendent of all the landed property marked as plot A, B, C and D measuring in aggregate 113,884 hectares situate, lying and being at Ikate, on the left hand of the Lagos-Epe express road in the Lekki Peninsular in the Eti-Osa Local Government area of Lagos state and more particularly described, delineated and marked red in the survey plan no LS/D/LA/340 dated the 15th August 1991 and drawn by Biodun Akinyemi and Associates attached to the irrevocable Power of Attorney dated 20th December 1991 and registered as No 99 at page 99 in volume 1926 at Land Registry at Lagos of which the portions now being occupied and claimed by the claimants without the consent and permission of the 3rd defendant forms a part.

The court granted an order that the sale alienation/grant by the 2nd defendant to the 3rd defendant was done in accordance with provisions of the law and that the 3rd defendant has been in possession of the land and such possession should not be disturbed by the claimants or individuals and persons claiming adverse ownership against the 2nd defendant and the Elegushi royal family.

Justice Abdullai Oyekan also granted an order of possession to the 3rd defendant of portions of its land now being occupied and trespassed upon by the claimants and other individuals and persons who derive their title and possession from the claimants which falls within the area delineated and marked in the survey plan no LS/D/LA/340 dated the 15th August 1991 attached to the said Power of Attorney.

The sum of N250,000 was also granted by the court being damages for trespass, interference with the counter claimant’s control, management, enjoyment, ownership, possession, occupation and superintendence of the said land.

An order was also made for the Attorney General of Lagos state, to inaugurate a committee comprising of all the members listed on pages 88 and 89 of this judgment and any other person that he may deem fit to appoint, to forestall any chaotic transition that goes with judgment execution and file returns to court on the areas of trespass on the 3rd defendant land, albeit the 2nd defendant.

“All in all,” said the court, “all the sale done by the claimants to different third parties during the pendency of this suit hereby are null and void.”