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Wole Balogun, Ado Ekiti
An Ekiti State High Court, Ido Ekiti Judicial Division, has resolved the ownership crisis rocking a community, Agamo, declaring that it belongs to the entire Iludun Ekiti and not individuals, groups or families.
Delivering judgment in suit number HID/8/2017 filed by Rev David Adeosun and five others on behalf of themselves and their families against the Owa of Iludun Ekiti, Oba Kayode Akinola, and three others over the ownership of Agamo, Justice Adekunle, Adegoriola Adeleye, held that title to Agamo land is vested in the whole Iludun community.
The judgment, which was delivered on February 7, 2019, was made available to journalists in Ado Ekiti on Wednesday.
Presiding Justice Adeleye, in the judgment, said: “I find as a fact that the claimants are not the first settlers at Agamo and therefore not owners of the land in dispute. Agamo belongs to the Iludun indigenes as a communal land since the land has not been partitioned. This is a fact pleaded, and led in evidence by the counterclaimants, but not disproven by the defendants.
“Consequently, a reigning Owa of Iludun is entrusted with the management, custody, control and supervision of the Agamo farmland in conjunction with other principal or prominent indigenes of the town for the benefit of the entire community,” the judge held.
The applicants had in the suit filed on June 28, 2017 sought among others “a declaration that Agamo farmland belongs to Oke Iludun Quarter under the headship of Joseph Adeosun and Daniel Kolawole families,” seeking declaration as null and void sale of Agamo and other farmlands amounting to 100 hectares belonging to the applicants but sold by the defendants.
The applicants had also sought “an order of perpetual injunction restraining the defendants whether by themselves, their agents or privies from further trespassing on the plaintiffs’ land at Igbo Oge, Agamo, Eyin Eran.”
But the defendants, the Owa of Iludun and others, in their joint statement of defence/counterclaim denied the positions contained in the applicants’ statement of claim and prayed the court to dismiss applicants’ claims.
Consequently, the defendants sought, among others, “a declaration that the entire parcel of land situates, lying and being at Agamo farmland, Iludun Ekiti, Ekiti State exclusively belongs to the Iludun community as a communal land same having not been partitioned.”
They also sought a “declaration that none of the three principal quarters constituting Iludun Ekiti community – Oke Iludun, Oke Ilomo and Ojomoko can lay sole claim of ownership of any part of Agamo farmland, same having not been partitioned.
“A declaration that the incumbent Owa of Iludun is entrusted with the management, custody, control and supervision of the entire Agamo farmland as the head of the community in conjunction with other principal or prominent indigenes or members of the town for the benefit of the entire community,” the defendants had sought.
