The Supreme Court has upheld the right of the Eletu family to a piece of land popularly known as Osapa Village at the Lekki Peninsula, Eti-Osa Local Government Area of Lagos State.
In a judgment delivered last Friday, the court in a unanimous decision, held that the land measuring about 10 hectares did not belong to the Ojomu chieftaincy family.
The court consequently set aside the judgments of the Lagos High Court and the Court of Appeal, which had erroneously awarded the land in question to the Ojomu family.
Justice Kumai Aka’ahs who delivered the lead judgment, said the fact that Ojomu family had an agreement with Lagos State Government in respect of the land did not extinguish the right of the Eletu family over the land which was sold to them (Eletu) family in 1977.
According to him, the Ojomu family were inconsistent in their claim to the land.
The apex court upheld the arguments of the lawyers to the Eletu family namely Olu Daramola (SAN), Ahmed Raji (SAN) and Ademola Koko that the land in dispute belonged to their client.
The court set aside the judgments of the two lower courts which were in favour of the Ojomu family and ordered them to pay the Eletu family N200,000 as costs in the high court, Court of Appeal and the Supreme Court.
Justice Aka’ahs said: “The respondents (Ojomu family) have not been consistent in their claim to the land.
“In one breath they claimed it was the acquisition by the Lagos State Government which was not challenged that extinguished the appellants’ (Eletu family) to the land while in another breath, they are asserting that it was the declaration made by the court in Suit No. ID/1883/89 in their favour that extinguished the appellants’ interest in the land.”
Justice Aka-ahs traced the origin of the dispute to 1977 when the Ojomu family sold a portion of their family to the appellants’ father, late Gbadamosi Bandele Eletu.
The land is situate and known as Osapa Village in Eti-Osa Local Government Area of Lagos State.
The transaction done through a Deed of Convenyance dated August 23, 1977, was duly registered as No. 36 page 36 Volume 1648 at the Lands Registry, Lagos.
Article source: Supreme Court