In compliance with a judgement of the Lagos State High Court, beneficiaries of the properties of late Ajayi Bello, have taken possession of 1.310 hectares of land at Oke-Odo, beside Ile Epo Market, Lagos-Abeokuta Expressway, Lagos State.
The exercise was witnessed by security agents and court bailiffs.
This was sequel to the judgement of Justice Y. G Oshoala delivered in favour of Olusola Odetola, Sherifat Soyoye and Kehinde Shehu.
They had prayed the court for an order of perpetual injunction against David Famuyiwa, Akinwumi Odeyemi, Olugbenga Sogbamu ( for themselves and on behalf of Agbado/Oke-Odo LCDA of Lagos and Alimosho Local Government; claiming that the defendants trespassed into the disputed land.
However, the defendants denied trespassing on the land, contending that the claimants should have contacted the police over the displaced marketers who invaded their land.
They also denied instructing anyone to invade or demolish the claimants’ properties but admitted engaging an agency to reconstruct the Oke-Odo market within its perimeter.
The court held that the defendants did not deny receiving the letter written to chairman, Agbado/Oke Odo LCDA dated October 9, 2018, and there was no response to that letter.
The court further held, that the defendants cannot deny to be unaware of the allegations of trespass made against them, and that exhibit C4 (letter of complaint) is not a social correspondence which can be ignored but one which carries in it, allegation of trespass and thus is akin to a business letter to which the defendants ought to respond; failure of which gives a rebuttable presumption that the defendants admitted the facts stated therein.
On the argument by the defendants that necessary parties are not before the court because Total Value Integrated System Limited that carried out reconstruction of the market is not a party and is the one answerable, Justice Oshoala court held that the argument holds no water in that the defendants admitted engaging Total Value Integrated System Limited to carry out reconstruction of Oke-Odo market.
The court held “the defendants should have responded and in the least deny the contents of the letter, and direct the claimants to Total Value Integrated System Limited.
“It is trite that an agent of a disclose principal need not be made a Party in which the act of the agent is an issue.
“Furthermore, claimants tendered in this case, a dispute plan (Survey Plan of the land in dispute) defendant did not tender counterplan or any plan. It is thus settled that once a plaintiff in a land matter tenders a plan of land in dispute without objection from the opposite party, the opposite party has conceded the plan as accurate description of the land in dispute.
“I find that the claimants have by preponderance of evidence established their entitlement to reliefs sought in the following terms: A declaration is hereby made that the Claimants are entitled to the Statutory Right of Occupancy over the parcel of land lying, situate and being at Oke Odo, along Lagos Abeokuta Expressway, Lagos State measuring approximately 1.310 hectares and more particularly delineated on Survey Plan No WAT/LA/2894A dated 6th June, 1985 drawn by W. A.T Adeniji, a licensed Surveyor.
“A declaration is hereby made that the forceful entry of the defendants into the claimants’ land situate, lying and being at Oke-Odo, along Lagos Abeokuta expressway, Lagos State measuring approximately 1.310
hectares and more particularly delineated on Survey Pian No. WAT/LA/28944 dated 6 June, 1985 drawn by W. A. T. Adeniji, a Licensed Surveyor, is unlawful.
“An order of injunction is hereby made restraining all the defendants jointly and severally from further trespassing on the Claimant’s land lying and situate at Oke – Odo, along Lagos Abeokuta Expressway, Lagos State.