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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 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 counterclaim shall proceed to be determined on its merit and judgement delivered on 22/5/2018 in this case by the lowered court, on the counterclaim 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’s case and claim to ownership over Igbusi Abudu.
“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 the court erred in law and on the facts, when it held that the counter claimants are entitled to the declaration that they are the ones to the statutory right of occupancy over the land in dispute.
Also, “that the learned court erred in law and on the facts when it held that the counter claimants are entitled to general damages and went on to award N30, 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.
Chief Oduntan said, “now we have another landslide judgement from the appeal court on the other case. It shows that the judiciary is still the last hope of the defenceless in Nigeria.”
