Justice O. J. Ajanalu of the Osun state High Court has ordered the state government to vacate a disputed property of a parcel of land measuring approximately 28.778 acres of land and situate off Clowbide street, Awututu Area in Ede South Local Government Area, Ede, Osun state to it’s rightful owner, Mogaji Olagunju Olusegun and his family members Olagunju Royal Family, Ede.
The claimant in a suit number HED/05/2019 had sued The Governor Of Osun State, Attorney General Of Osun State, The Commissioner For Environment and Physical Planning. The Commissioner For Education Science and Technology The Executive Secretary, Osun Asset Management Agency, Ede South Local Government.
He also prayed the court for an order of perpetual injunction restraining respondents or its agents, privies or any person acting on its behalf from entering into or take possession of the property in any manner contrary to the Claimant’s proprietary interest.
The land survey Plan Number is ,OS/3657/2021/LID-03, dated 15″ November 2021, and was duly registered Surveyour, Surveyor Oladeji O. Afolabi,
The claimant the 31 December 2021, with the following claims:
“A declaration that the Claimant’s Olagunju Royal Family of Ede, Osun State, is entitled to the grant of Statutory Right of Occupancy over the parcel of land measuring approximately 28.778 acres of land and situate, Wying and being at off clobide street, Awututu Area in Ede South Local Government Area, Ede, Osun state, Nigeria
“The land bounded as follows: Front side: Alajue Land II. Left side: Ajola land, Right Side: Plaintiff’s Olagunju Royal Family Land,IV. Back side: Awututu River, which is more particularly described/delineated and verged Cyan on the dispute.
“An order of this Honourable Court setting aside purported sales, lease, rent and/or grant or whatever called of the Plaintiff’s land by the Defendants, their servants, agents, privies and/or any other person or agency or institution acting through them to any individual, agency and/or institution.
“An order of this Honourable Court mandating the Defendants, their servants, agents, privies, and/or individual or agency or institution, however, called acting through the Defendants, to immediately vacate the Plaintiff’s family land and remove therefrom any illegal structures that may have been erected on the Plaintiff’s land and deliver up peaceful possession of the said land to the Plain.
“The sum of N10,000,000(Ten Million Naira) against the 1 to Sh Defendants jointly and severally as General damages for the Trespass.
At the commencement of the trial of the case this case on the 31 of May, 2022,the Claimant called two witness which are a surveyor, Oladeji Afolabi, ,Prince Mojeed Olagunjualongside with himself.
They tendered a original land Sale Agreement made on the 20th day of March 2014 between Prince Mogas Saliu Dodo of Daudu Olagunju compound, Ede, Osun state, A-Certified True Copy of Statutory Right of Occupancy dated 19 February 1996 made in the name of Alhaji Ademola Omolade & sons 3, ‘A Original Quit. Notice dated 5 March 2021 issued by the Ministry of Education Science and Technology, Agbonran School of Sdence, P.M.B. 233, Osun state of Nigeria, from the office of the principal and addressed to Mr SAIBU, Block making, signed by Mrs Yekeen M.A. (Principal) a photocopy of the temporary shed/stall approved permit dated 3 December 2020 with reference number EDSLG/TP/80/2020 by Ede South Local Government, Ede, Osun State of Nigeria, to Mr Bello Hassan at Agbonran School, as exhibit of their claims in the court
However,Justice O. J. Ajanalu while giving his ruling on February 14, 2023 ordered the respondents to vacate the claimant land.
The judge ordered as follow:”Justice O. J. Ajanalu (J) wherein His Lordship adjudged/ordered and directed the Judgment Debtors/Respondents to Immediately vacate the Claimant’s family land and deliver up peaceful possession of all that pieces or vast expanse of land measuring approximately 28.778 Acres of land situate, lying and being at Off Olowobida Street, Awututu Area in Ede South Local Government Area, Ede, Osun State, Nigeria.
 “Ordered by the Court that the Claimant’s Olagunju Royal family of Ede, Osun State is entitled to the grant of statutory right of occupancy over the parcel of land measuring approximately 28.778 Acres of land situate, lying and being at Off Olowobida Street, Awututu Area In Ede South Local Government Area, Ede, Osun State,
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“Ordered for the award and/or payment of the sum of N5, 000, 000.00 (Five Million Naira) in favour of the Plaintiff and against the 1 to 5” Defendants jointly and severally as general damages for the trespass committed and being continuously committed by the Defendants and/or their agents, servants, privies on the Plaintiff’s family land.
“Ordered for the perpetual injunction restraining the Defendants, their servants, agents, privies and/or workers and/or agencies and institutions howsoever called from committing further act of trespass, annihilating, tampering, entering, selling , further selling, granting, further granting, leasing or dealing in any way with the Plaintiff’s family land…
“Ordered for the a perpetual injunction restraining the Defendants, their servants, agents, privies and/or workers and/or agencies and/or institutions howsoever called from harassing, intimidating and/or threatening the Plaintiff and/or members of the Plaintiff’s family in anyway whatsoever In respect of the Plaintiff’s family land.
“Debtors/Respondents, their Agents, Servants and/or Privies have not obeyed and/or complied with the said subsisting judgment of this Honourable Courdeliveredvd on 14” February 2021 and they have continued in their acts of trespass on the said ‘s family land till now.
and then