An Ogun state high court sitting in Abeokuta, South West Nigeria has dismissed Chrisland Schools Limited suit against Ampris Global Resources Limited over a parcel of land along Papalanto/Sagamu road in Obafemi Owode LGA.
Joined as co-defendants in the land dispute suit are Ayoade Precious Abidemi, Jamiyu Shittu, Lekan Adewale and one O. Oloyede.
Chrisland in a statement of claim filed before the court by its counsel Gbade Ajeigbe averred that sometimes in 2007 it purchased different parcel of land from various persons at Korisa, near Owode -Egba in Ogun state.
The land was subsequently acquired by Ogun state Government in 2009. Following the acquisition it applied to the government for an excision of its land from the general acquisition, thereafter it was granted an allocation and was issued a Certificate of Occupancy.
Later the claimant noticed that Ampris Global Resources Limited and Ayoade Precious Abidemi had entered into a portion of the land on the ground that they purchased same from Lekan Adewale and O. Oloyede.
It contended that the acquisition of the land by government extinguished whatever title the defendants may have had on the land, while Lekan Adewale and Oloyede contended that their land was never acquired by the government.
Furthermore they claimed that their land is not at Korisa but at Olatilewa.
The claimant urged the court to declare that the land measuring 24, 676 which was encroached upon by the defendants is part of the statutory right of occupancy granted to them by the governor of Ogun state.
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However, in a statement of defence filed on behalf of Ampris Global Resources Ltd and Ayoade Precious Abidemi by Barrister Abidemi Oladigbolu, they averred that their land was rightfully sold to them by the head and accredited members of Olatilewa family of Olatilewa village and they have been exercising necessary ownership right over the land, and as property and estate developers they have indeed sold several plots/acres out of the said land to several other third parties who have formed themselves into association named Ouantum Residents Association of Papalanto, Ogun state.
Mr. Ayoade Precious Abidemi averred that as a genuine businessman he had been tagged a land speculator as a result of his genuine intention of investing in the Olatilewa family land.
He contended that he had not trespassed or occupied the claimant’s land therefore urged the court to dismiss the suit of the claimant in its entirety with substantial cost.
The presiding Judge A. A Akinyemi in his judgement while dismissing the case of the claimant with the award of N200, 000 cost in favour of Ampris Global Resources Ltd. and Ayoade Precious Abidemi said “certificate of Occupancy is not in itself a conclusive proof of title, but mere evidence of title assumed to be valid.
He ruled that in the instance, the claimant case is inherently bad and lacking of the minimally required standard of proof.
In fact there is nothing strong enough to be put on the proverbial imaginary scale.
In sum therefore, the entire case of the claimant failed. “I find no merit in it at all. It is hereby dismissed in its entirety,” the judge said.
