Lagos Oba Wins 32-Year Old Idimu Land Dispute

The Oba of Isheri Olofin in Egbe/Idimu Local Council Development Area of Lagos State, southwest Nigeria, Oba Wahab Ayinde Balogun has won a land dispute suit he instituted in a Lagos Court on behalf of himself and the people of Isheri Olofin in 1980.

In the suit No. ID/488/80, the monarch had dragged Ishau Olorunfunmi, Mudashiru Olorunfunmi, Mukandas Olorunfunmi and others to court over the rightful ownership of the land situate, lying and being at old Isheri, forming the common boundaries with Egbe Village, Igando Village up to Meshindi (now Ogbomosho Village), with another portion of Isheri land formed by Abisiwa with AGeke family land at Ejigbo.

Oba Balogun in his claims testified that the land in dispute belonged to the founder of Isheri Village, Ogunfunminire Olofin, a hunter who migrated from Ile-Ife to Iddo and later settled down on the land in dispute over 600 years ago, stressing that the family shrine known as “Ale” which he established as the first ruler of Isheri-Olofin is still in existence till date.

He further stated in his claims that the 1st – 3rd defendants are descendants of one Madarikan, an Egba man who migrated from Igbehin, Abeokuta to Isheri-Olofin where the people of the village leased the land in dispute to him (Madarikan) on payment of rent or tribute, and that the customary tenancy relationship was inherited by Olorunfunmi, Madarikan’s son.

The Isheri Olofin monarch testified that the 4th-9th defendants are descendants of Abisiwa, while himself was a descendant of Ogunifunminire Olofin, explaining that sometime in 1978 the defendants were selling and leasing the land in dispute to various individuals without the authority, knowledge and consent of claimants.

In his counter-claim, Ishau Olorunfunmi stated that the land in dispute belonged to Olaitan and after his demise, it was inherited by his son, Madarikan, claiming that Meshindi was part of the land in dispute, and that it has boundaries with Igando, Egbe, Abisiwa and Mafor people.

Pronouncing his judgement, Justice, L.B. Lawal Akapo of Lagos High Court (Commercial division), TBS Complex, Lagos, said he had found and holds that the claimant has established his case on preponderance of evidence and the same succeeded, and that the 4th-9th defendants have not adduced credible, cogent and convincing evidence in support of their counter-claim and the same failed.

He declared that the claimants are entitled to customary rights of occupancy to parcel of land situate, lying and being at old Isheri, forming common boundaries with Egbe Village, Igando Village up to Meshindi (now Ogbomosho Village) with another portion of Isheri land formed by Abisiwa and more particularly delineated and verged red on plan No. GF/1103A dated 17th day of November, 1981, drawn by G.F. Okusanya licensed surveyor.

Justice Lawal-Akapo also declared that the area verged yellow, comprising 101.115 hectares in the portion of Isheri land leased to Madarikan, the ancestors of the 1st-3rd defendants and the area of land verged brown on claimants’ plan No. GF/103 is same as the area contained in plan No. A/0203/41 dated 28th day of February 1941, and the said belonged to the claimants.

He granted an order of perpetual injunction against the 1st – 3rd defendants, their servants, agents and, or privies however, restraining them from committing any further act of trespass on the said land of the claimants as particularized in orders 1-3.

The judge awarded N50,000 damages for trespass against the defendants, and dismissed the counter-claims of the 4th-9th defendants.