In his ruling, Justice Bode Adegbehingbe, said that that the Igbokoda community had been previously conferred with the ownership of the land between Rivers Oluwa and Ofara to the Igbokoda community as communal land.
Justice Adegbehingbe noted that the ownership of a piece of land between the Rivers Oluwa and Ofara in the Okitipupa Division of old Ondo province has been in dispute between the various people of the Ilaje and Ese Odo area of the present Ondo State for over a century.
He however noted that the provincial court in 1917 decided the case in favour of the Amapetu of Mahin and the Igbokoda community.
But Justice Bode Adegbehingbe who gave his verdict on the age long dispute conferred the ownership of all the land between Rivers Oluwa and Ofara on the Igbokoda community as communal land.
Justice Adegbehingbe said that the ownership of a piece of land between the Rivers Oluwa and Ofara in the Okitipupa Division of old Ondo province has been in dispute between the various people of the Ilaje and Ese Odo area of the present Ondo State for over a century.
According to him, the dispute was first brought before the Colonial Provincial court in 1917 when Oba Jubo, the Kalasuwe and paramount ruler of Ijaw-Apoi sued Oba Omowole the Amapetu of Mahin claiming declaration of title of the piece or parcel of land known as Igbokoda being all the land between the rivers Oluwa and Ofara (Orere-Ara).
The provincial court in 1917 decided the case in favour of the Amapetu of Mahin but the Apoi descendants of Oba Jubo reapproached the court again in 1974 asking the court to award the ownership of the land to the Apoi community, but lost the case.
Justice Adegbehingbe while reviewing the previous judgement, however ruled that the judgment of the courts conferred ownership of all the land between Rivers Oluwa and Ofara on the Igbokoda community as communal land.
The court further held that” It is therefore apparent that the Supreme Court, a superior court of record, applied the customary rule that Igbokoda land is communally owned.
“This court is therefore empowered to hold, and it hereby holds, that land in Igbokoda is communally owned.
“With the tendering of the judgement of the Supreme Court, the fact that land in Igbokoda ( as shown edged red in the Survey Plan exhibit D95) is communally owned has been proved by the first and second defendants to the counter-claim.
“There is also nowhere in the judgements cited and tendered where the courts held that the Amapetu of Mahin personally owns any land in Igbokoda.
“The sole prayer brought by the counter-claimant (Agbeni family), for determination of title is therefore without merit.
“The court therefore dismissed the counter-claims of the Temetan and Agbeni families.”
In his reaction to the judgement, the traditional ruler of Igbokoda, Oba Afolabi Odidiomo, expressed satisfaction over the judgement saying peace would soon return to Igbokoda.
According to him, “trespassers on the land bequeathed to us by our ancestors have mischievously and violently held down our community, depriving it of deserving development as the headquarter of Ilaje Local Government. This is a most pleasant development.”
This verdict settled the over 100 years dispute over the ownership of the land dispute had led to the death of many and loss of properties worth millions of Naira.
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