Ofada community celebrates •As court affirms land ownership by individual families

It was a time of celebration and relief for the people of Ofada community in Obafemi Owode Local Government Area of Ogun State recently as the Court of Appeal affirmed that indigent families and individuals are the rightful owners of the land occupied by the community. YEJIDE GBENGA-OGUNDARE reports.

After a long period of litigation by the people of Ofada town to contest the takeover of the community by some development organisations and efforts to secure a court validation that indigent families and individuals are the owners of the land that make up Ofada community, the Court of Appeal sitting in Ibadan has put smiles on the faces of the inhabitants of the town.

Many of the residents of Ofada town could not hide their emotions as they jubilated with shouts of joy and the whole community went agog at the news that finally, the weight of the law is fully behind the poor people of the community and they are no longer in danger of being driven out of their community and their land taken over, after being dealt a blow initially by losing a suit before a lower court

The entire Ofada community represented by the traditional head, Baale Rabiu Adewunmi and 14 others; Tunji Sotomi, Akinwale Savage, Taiwo Majiyagbe,  Rabiu Adewusi, Dr Bode Sowunmi, Alh Sulaiman Adebayo  Muyiwa Adewunmi, A.V.M Femi Oshigbo, Mr Sogeyinbi, Dr Babatunde Ladele, Mosudi Adeboye, Kunle Binutu and Kehinde Adebakin on behalf of Ofada community and themselves filed a suit against two men; Ayowole Adetayo and Dayo Shyllon who traded under the name Shyllon Properties Ltd.

The Ibadan division of the Court of Appeal has in its ruling vested the rights of ownership and authority of Ofada Community land located in Obafemi Owode local government area of Ogun State to families and individuals that make up the town in a unanimous judgment.

The Appellate court did not only set aside the judgment of the trial court, it also vested the rights in the people of the town to apply for and obtain a statutory right of occupancy in respect of all the piece and parcel of land situated at Ofada land.

In a certified true copy of the judgment dated May 19, 2017 but was signed on June 6, 2017, the Justices of the Court of Appeal unanimously dismissed the cross appeal filed by the Adetayo and Shyllon for lack of merit and uphold the appeal filed by the community against the judgment of the lower court, which earlier gave ownership of the land to the two men and their company.

The trial court in its judgment had dismissed the claims of the community represented by some individuals and families and awarded same to the defendants, Adetayo and Shyllon, without giving specific area of land allocated.

But dissatisfied with the judgment, the community challenged the judgment while Shyllon and Adetayo filed counter claims which were dismissed by the appellate court which faulted the trial judgment of the lower court.

Justice Chinwe Eugenia Iyizobia who delivered the lead judgment dismissed the counter claim and upheld the appeal and held that, “It would be a miscarriage of justice in the circumstances to grant to the Cross Appellant a declaration of title to the entire Ofada land as counter claimed. The cross appeal is consequently lacking in merit. It is hereby dismissed.

“I reiterate my judgment in the main appeal. The part of the judgment of the High Court of Ogun State, Abeokuta delivered on the 24th of October, 2012 in suit No: AB/237/2008 granting the Cross Appellant declaration of title to the unallotted portion of Ofada Land is hereby set aside. In its place, the counter claim stands dismissed. I make no order as to costs,” the Appellate court held.

The two other judges, Justice M.B. Dongban-Mensem and Justice Modupe Fasanmi concurred with the lead judgment.

The community had approached the High Court earlier to ask for a declaration that they are entitled to apply for and obtain rights of occupancy in respect of the controversial Ofada land as well as an order of perpetual injunction restraining the defendants from committing act of trespass on the land in dispute while the defense in its counter claim asked for a court declaration that Adetayo’s family is the rightful owner of the land at Ofada town  and  consequently entitled to the grant of the statutory right of occupancy on the land.

Till today, joy still permeates the community as no appeal has been filed against the ruling of the Court of Appeal and the residents of the town continue to praise the judiciary for standing on the truth and proving that it is indeed the last hope of the common man.