There was jubilation in Okunmo community, Okitipupa Local Government Area of Ondo State, following the judgment of the state High Court sitting in Okitipupa, which resolved a long-standing dispute over the ownership of community land.
The court, in Suit No. HOR/15/2019, affirmed that the claimants, who instituted the action on behalf of the Olusote and Orolalatan families of Okunmo, are entitled to the customary right of occupancy over the disputed land located on both sides of the Igbokoda-Okitipupa highway.
The claimants: Apostle Akinijise Olajide, Bishop Joel Obamomi, Mr. Hendoro Joseph and Mr. Ajimuda Raphael, had dragged Chief Akinyemi Orunto, representing the Orunto branch of the Orolalatan family, before the court over claims of exclusive ownership of the land.
Represented by their counsel, A.O. Oyinbo, the claimants sought a declaration recognising them as the rightful owners of the land, an order restraining the defendants from presenting themselves as the sole owners, N5 million in damages for alleged trespass, and a perpetual injunction restraining them from interfering with farming activities on the land.
Delivering judgment, Justice A.W. Fabuluje held that the claimants proved their entitlement to the customary right of occupancy over the disputed land.
The court ruled that although the Orunto family belongs to the Orolalatan family and therefore has an interest in the land, it cannot lawfully claim exclusive ownership.
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Justice Fabuluje consequently granted a perpetual injunction restraining the defendants, their agents and privies from parading themselves as the sole owners of the disputed land.
The court also restrained the defendants from destroying the claimants’ crops, preventing community members from farming, or committing any further acts of trespass on the land.
However, the court declined the claimants’ request for N5 million in damages for trespass, holding that since both parties have ownership interests in the land, the defendants could not legally be regarded as trespassers.
The defendants were represented by O.V. Omotayo.
The dispute stemmed from an earlier judgment delivered in 2014 in Suit No. HOK/76/2014 between Franklin Orunto and China Railway Construction Company and others. In the case, the court ordered the respondents, who were excavating sand on the Orunto family’s portion of the land, to vacate the site.
The claimants alleged that the Orunto family later attempted to rely on that judgment to evict other residents of Okunmo community who were not parties to the earlier suit, prompting the fresh legal action.
Residents described the latest judgment as a major relief, expressing hope that it will restore peace, end years of uncertainty over land ownership, and foster unity and development in the community.
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