By Lukman Olabiyi
Justice Catherine Ogunsanya of the Ogun State High Court, Sagamu, has declared the Efuntade Amiwo-Osinloye family as the rightful owner of 21.5 acres of land, known as the Efuntadebo Amiwo family farmland, situated at Lakaye Maridan, Ajebo-Simawa Road, Sagamu.
The court resolved all issues in favor of the Claimants, Amos Ayoola Osinloye and Femi Osinloye and against the defendants.
The claimants, suing on behalf of the Osinloye family, had filed a suit (HCS/277/2017) against Abolaji Adeyemi and Taiwo Oke, seeking several reliefs, including a declaration of their entitlement to the Right of Occupancy over the disputed land.
They also sought a perpetual injunction restraining the defendants, their agents and others from further trespassing on the land.
Justice Ogunsanya affirmed that the claimants had proven their possession of the land through both their pleadings and evidence.
The court noted that the claimants’ family has a customary tenancy over the land and their evidence of ownership was sufficient to entitle them to the Right of Occupancy.
The court rejected the defence’s claim, stating that there was no evidence to support the assertion that the defendants were not dealing with the claimants’ land.
Justice Ogunsanya further held that the claimants are entitled to a perpetual injunction to prevent the defendants from continuing their trespass on the land.
In dismissing the defendants’ counterclaim, the court granted the claimants: “A declaration that the Efuntade Amiwo-Osinloye family is entitled to the Right of Occupancy over the disputed land, as described in the Survey Plan No. 09/677/2003/048 and Survey Plan No. OG/0296/2016/021.
“A declaration that the defendants must render a complete account of the portion of the land sold before the commencement of the suit.”
Justice Ogunsanya also awarded N1 million as damages against the defendants for trespass.
Amos Ayoola Osinloye, the first claimant, is the head of the Osinloye family, and both he and Femi Osinloye represented the family in this case.