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By Christopher Oji
The Ibadan Judicial Division of the Court of Appeal presided over by Justice More A A Adumein ,Justice Bature Gafaii and Justice Kenneth Amadi has ruled on the 28 years dispute over Abudu Village town in the Ado – Odo/ Ota Local Government area of Ogun State in favour of the appellants .
The appellants , Baale of Abudu Village ,Chief Mustapha Oduntan and six others had in 2018 in a suit number CA/IB /485/2018 sought a relief from the upper court to upturn a judgement which was earlier delivered by the Ogun State High Court .
The Appeal Court judgement came just over a year ,after an Ogun State High Court presided by Justice Majekodunmi Olatokunbo had in a case with Suit No HCC/222/2015 declared the appellants as the statutory owners of parts of the disputed land against some people ,who claimed to have Certificate of Occupancy.
However, the appellate court in its lead judgement , delivered by Justice Kenneth Amadi on behalf of the three justices held: ” This appeal is not lacking in merit .It ought to be allowed and is hereby allowed .The ruling delivered on the 23/7/2012 to the effect that the counter claim shall proceed to be determined on it’s merit and judgement delivered on 22/5/2018 in this case by the lowered court on the counter claim of the respondent in this Suit No HCT/42 /94 are hereby set aside
The appellants ( Chief Oduntan and others based their reasons for appeal on six grounds including :”That the learned court erred in law and on the facts ,when it held that the judgement, Exhibit E and Survey Plan Exhibit H , put in evidence by the defendant to counterclaim pertain to Ijako land and not the land in dispute and has not been able to dislodge the counter- claimant case and claim to ownership over Igbusi Abudu ‘
They also stated that ” the learned court erred in law and on the facts in receiving or treating Exhibit B ,the Survey Plan ,tendered by the counter claimant as Exhibit and acting on it ,when it is clear that the person ,who tendered it by implication is not the maker ”
The appellants also claimed that “That the learned court erred in law and on the facts ,when it held that the counter claimant are entitled to the declaration that they are the ones to the statutory right of occupancy over the land in dispute ”
Also that “That the learned court erred in law and on the facts ,when it held that the counter claimant are entitled to general damages and went on to award #30 000 00 as general damages .”
The village head described the new judgement from the Appeal Court as a victory for justice noting that he went through hell during the process of the court proceedings .
He stated that ” We were still at the Lower court over a matter that was instituted in 1994 ,when another people ,who claimed to have a Certificate of Occupancy on parts of the said land in dispute .
” Thankfully Justice Olatokunbo Majekodunmi in March 2021 in a judgement in Suit No HCC/222/2015 ruled in our favour and awarded the sum of #500 000 naira damages against them and also granted an order of perpetual injunction against them ,their agents ,servants or privies from tresspassing on the land. ”
Chief Oduntan said that ” Now we have another landslide judgement from the Appeal Court on the other case .It shows that judiciary is still the last hope of the defenceless in Nigeria “
