Land dispute: Appeal Court affirms lower court’s verdict

By Kayode Olabanji

The Ondo State Customary Court of Appeal sitting at Oke- Eda, has upheld the judgement of a Grade ‘A’ Customary Court, in Idanre, delivered in January 14, 2019, in a land dispute at Okepa area of Alogbo Camp in Idanre.

The Appeal Court headed by Justice Eunice Aderonke Alade with Justice Christy Titilayo Adesola-Ikpati and Justice Akinfemi Micheal Owoyemi, dismissed the appeal for lack of merit and ruled in favour of the respondents in the suit.

In the lead judgement read by Justice Christy Titilayo Adesola-Ikpati, the court held that based on the reasoning and conclusion reached by the Appeal Court in its consideration of the first issue and the predictable result of the second issue raised by the appellant, Chief Johnson Akintunde, the court found no reason to disturb the well considered judgement of the lower court.

“No doubt, the appellant has a claim to a land by virtue of exhibit ‘A’ – A1′, but he has failed woefully to establish that the land extends to the bush land which the lower court found to be the land dispute. The bush land is a boundary land which does not fall within the land of the appellant”

“The appellant, having identified the Agunmaniye trees, as the feature which defines his northern boundary , he is bound to sick to his boundary as defined, more so, since there is no dispute as to other three boundaries in Exhibit A-A1.

“It appears that the respondents noticed the gap in the appellant’s case, but did a poor job at harnessing the goods of the opportunity presented by it for their own benefit. Their feeble claim to the bush is a powerless as the evidence adduced in defence of the case.

In the final analysis, the Court of Appeal, found the present appeal ambitious, but substantially lacking in merit, and therefore dismissed accordingly.

The appellant was represented by Mr. Steve Akintububo, Esq, while the respondents were represented by Mr Abel Kosoko, Esq.

The respondents, Mr. Henry Sunday Omokinde and Mr. Felix Adeyanju were affirmed as the bonafide owners of  the farmland.

The applicant/appellant, Chief Johnson Akintunde, who had earlier approached the Customary Court of Appeal, over his dissatisfaction with the lower court’s judgement, initiated the appeal vide the Notice of Appeal dated February 6, 2019, and filed at the Court on same date.