By Christopher Oji
The Ogun State Customary Court of Appeal, Abeokuta, presided over by Mobolaji Ayodele Ojo, Phillip Oluwasina Akinsinde, and Idowu Adebiyi Odugbesan, has upheld the decision of the Papalanto Customary Court on the dispute over Arigbayo Eyin, via Wasinmi Railway Station land in the state.
The judgement from the Customary Appeal Court was sequel to an earlier judgement by the Papalanto Customary Grade 11 Court, presided over by Hon. A. D. Buraimoh; Hon. Sogunro B. A. and Hon. Sokunbi in Suit No PA/42 /2022, which in late 2022 declared the disputed land as “the landed property of the Ogunkanbi Arigbajo Family.
The court also declared that “all plaintiffs in this matter, including their family relatives, servants, agents, cronies, privies, workers, tenants, labourers etc are, hereby, perpetually ordered to desist from selling, renting, leasing or having anything to do with the land.
“By order of his court, possession is, hereby, granted to the defendants. These are: Alhaji Muse Lawal, Chief Taiwo Lawal, Raheem Lawal and Ashimiyu Lawal.
The descendants of the Ogunkanbi Arigbajo family, who were represented in the case by Alhaji Muse Lawal, Chief Taiwo Lawal, Raheem Lawal and Ashimiyu Lawal were the defendants in the case both at the lower court and at the appeal court, while Showunmi Aliu Saliu Akindele, Kafayat Fashina and Akinyemi Tajudeen were the plaintiffs.
Not satisfied with the judgement of the lower court, the plaintiffs approached the Appeal Court and sought for judicial review, seeking an Order of Certiorari for the purpose of quashing the judgement and proceeding of the Papalanto Grade 11 Customary Court of Ogun State sitting in Papalnto to pop. The Appeal Court, in a unanimous decision, refused the application of the appellants and granted N50,000.00 against them in favour of the respondents. Jutice Akinsehinde, who read the judgement on behalf of the other justices, declared that: “In conclusion, I am of the view that this application is totally lacking in merit. The application 8 refused. Cost of N50,000.00 is awarded in favour of the respondents.
President of the Ogun State Customary Court of Appeal Mobolaji Aodele Ojo in his submission said “I have considered each of the grounds relied upon by the applicants and the consideration of the same by my learned brother. I share the opinion expressed by his lordship on the case presented by the applicants.
He said: “Let me emphasise that based on the facts before us, this is not an appropriate case in which the applicant may seek to overturn the judgement of the lower court by way of an order of judicial review.
“For this and other good reasons contained in the lead judgement, I, too, dismiss this application. I abide by the order as to the cost.”
The third member of the jury, Idowu Adebiyi Odugbesan, also submitted that, “I, also, dismiss this application. I abide by the consequential order given in the lead judgment.”