An appeal court sitting in Ibadan has on Wednesday, 5th of February, struck out an appeal filed by Fadina Agbabiawu family, challenging a High-court ruling in Suit Number HCT/11/2014, in favour of Aiyedokun family of Idokun, Oke-Iwoye, Ota over an expanse acres of land measuring 666.669 acres (more or less), lying and being at Iwoye via Ilogbo, Ota in Ado-Ota area of Ogun state.
In a judgement delivered by their Lordships, Justice Yargata Byenchi Nimpar, Justice Gabriel Omoniyi Kolawole, and Justice Binta Fatima Zubairu of the Appeal Court of Justice sitting in Ibadan in Appeal number CA/IB/174/2021, between the Appelants; Mr. Akeem Olopade (for himself and for the Kupoliyi branch of Fadina Agabiawu Family), Chief Raufu Osolase Oladejo, Madam Anike Osolase Oladejo (for themselves and for the Osolase branch of Fadina Agabiawu family), Chief Taiwo Olorunisola Alabi Oti, and Mr. Gbolahan Taofeek Alaba Oti (for themselves and for the Alaba Oti branch of Fadina Agabiawu) and the Respondents; Chief Muhammed Arigbabu Dada, Mr. Taiwo Oke, Alhaji Wasiu Ogundare, Chief Akeem Ogundare, Mr. Sesan Dada (for themselves and on behalf of Aiyedokun family of Oke Iwoye family, Ota) and Olakule Idowu Ogunlana respectively, it was ruled in favour of the Aiyedokun’s family that the Fadina Agabiawu’s family appeal, ‘has no iota of merit and it is consequently dismissed in its entirety’, thereby, upholding the earlier High Court ruling of Honorable Justice Agbelu of the Ogun State High Court which was delivered on the 30th of September, 2020.
“Having resolved this appeal in favour of the respondents, I hold that the Appellants’ appeal, has no iota of merit and is consequently dismissed in its entirety. Accordingly, I affirm the decision of his Lordship, Honorable Justice N.I Agbelu of the Ogun State High Court, delivered on the 30th day of September, 2020 in suit no HCT/11/2014”.
Furthermore, ‘the sum of Two hundred and Fifty Thousand Naira (N250, 000) was awarded against the Fadina Agabiawu family and in favour of Aiyedokun family’.
“I award costs of N250, 000 (Two Hundred and Fifty Thousand Naira) against the Appellants and in favour of the Respondents. The appeal is dismissed”.
Recall that Fadina Agabiawu family has earlier approached the Appeal Court sitting in Ibadan to challenge a High Court ruling of Justice Agbelu on 30th September, 2020 claiming that ‘Fadina Agabiawu family of Oke Ilisa compound, Ilogbo Ashowo, Ota, Ogun state are entitled to a customary/statutory right of occupancy and is the family in possession of the parcel of land known as Oke Ilisa/Fadina Agabiawu family land consisting of 666.669 acres (more or less) in the claimant’s family survey plan OG/2277/038/15, dated 06/07/15 and drawn by Surveyor D.O Fadara’.
They also claimed that ‘all sales or leases made by the Aiyedokun Iwoye family on the land were null and void in addition with payment of Five Million Naira ( N5, 000, 000) damages be awarded against Aiyedokun family for several acts of trespass committed on the said land.
All of the above claim, according to the Appeal Court ruling, were thrashed out owing to the fact that Fadina Agabiawu’s family claims were ‘full of inconsistencies’ and that ‘the said land in dispute rightfully belongs to Aiyedokun Iwoye family’, thereby, affirming the earlier High Court ruling in their favour.
Iwoye, Ota is a well developed community which situates along Oju-Ore and Ilogbo, Ashowo, Ota with a population of approximately, 300, 000 residents.
