Warring Parties Restrained Over Disputed Land

A Lagos high court sitting in Ikeja, Lagos State, southwest Nigeria, has ordered two warring parties laying claim to a parcel of land in Anthony Village to maintain the status quo pending the final determination of the suit before the court.

The order of the court was sequel to a suit filed before it by the Baale of Anthony Village, Chief Olujide Mukaila Oseni, suing for himself and on behalf of the Adams family of the village against a fashion designer, Clement Enajemo; an Estate Agent, Adeola Oguntoyinbo and one Jonathan Williams.

Also joined as co-defendants are Registrar of Titles, Lagos State Land Registry, Chairman, Lagos State Urban and Regional Planning and Development Board and The General Manager, Lagos State Physical Planning and Development Authority.

In an affidavit sworn to by a litigation manager, Mr. Adedotun Olatunbosun, filed and argued before the court by Barrister Abiodun Onidare, the deponent averred that the Adams family is the owner of 56 acres of land in Anthony Village as the family inherited same from their forebears and ancestors who settled in Anthony Village when the total land area was known as Degi Village. The said Degi came into being in 1864.

The name Degi Village was later changed and became known as Anthony Village by virtue of one of the first settlers called Anthony Enahoro who had a parcel of land there and was a prominent and popular figure in the village.

Mr. Olatunbosun averred further that the claimants’ forefathers who were two brothers, Adams Bankole and Suberu Osho (now deceased), were palm wine tappers who came to settle in the village where they met one Adoyi Ajayi Alashe, already dwelling there. The two brothers purchased 56 acres of the land from the said Adoyi Ajayi Alashe in 1909 for consideration of thirty eight pounds. Consequently, Ajayi Alashe passed title and possession of the land to them free from any encumbrance by virtue of a registered indenture dated 4 November, 1915.

The two brothers executed lease agreement in favour of several individuals one of whom is one Mr. Jonathan Williams. The lease granted to him was in respect of one plot of land 50 x 100 ft for the purpose of building a house at a ground rent of one pound per annum.

However, Mr. Jonathan Williams was alleged to have failed and refused to pay the rent of arrears for 20 years and also refused to yield up the vacant possession of the land to the claimant. The said land is now developed into a block of four three-bedroom flats occupied by him until the property was sold to Clement Enajemo, doing business under the name of “Mudi”.

The deponent averred further that in spite of series of warnings, an estate agent, Adeola Oguntoyinbo, doing business under the name of Rich Crown Property Company Limited procured title documents to convey the land from Jonathan Williams to Clement Enajemo who has commenced extensive rebuilding and renovation on the structures.

Barrister Onidare then urged the court to issue interim orders to maintain the status quo to ensure that the subject matter of this suit is preserved. Consequently the presiding judge, Justice Olufunmilayo Atilade, ordered that all parties are to maintain status quo pending the determination of the suit.

Meanwhile, the suit has been re-assigned to Justice Oke Lawal for hearing, but no date has been fixed for hearing because of the long vacation.