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Court Revokes Land From Ede-North Local Govt

Posted: Jan 27, 2016 at 6:54 pm   /   by   /   comments (0)

Court Revokes Land from Ede-North Local Govt
By Gbenga Faturoti,
OSOGBO.

The High Court sitting at Ile-Ife, Osun State has revoked the claim of ownership on wide expanse of land situated around Owode-Ede in Ede-North local government area Osun State

The land originally belong to Ayope and Areja families before it was allegedly acquired by the local government council.

The families have since 2012 approached the court to restrain the local government authority from claiming ownership of the land illegally.

While delivering its judgment yesterday, the court ordered the local government council to desist from claiming ownership of the land, just as it returned the land to the families.

The court declared the Ayope and Areja families in Ede as the rightful owner, having authority on the land.

The families had in 2012 dragged the Ede-North local government and Alhaji Kasali Folaranmi, Director of Town Planning to court for trespass and illegal acquisition of the land.

Ede-North local government in its defence on the suit claimed that it acquired the land with due process, stating that it compensated the families (Ayope and Areja) who own the land.

But the Ayope and Areja families denied being compensated by the local government, claiming that the defendant illegally acquired the land.

The Plaintiffs in their address presented by their Counsel Mrs Olateju Kolawole sought the order of the court to restrain the defendants from trespassing on their land and disturbing the plaintiffs.

They also sought the order of the court to declare null and void the purported Leasehold, Proprietary or Possessory interest created on the land by the local government.

The plaintiffs also demanded 50,000 for physical damages caused by the defendants to the plaintiffs fence foundation, as well as mental injuries.

They also urged the court to declare as false the defendants claim that it had acquired the land by due process of law.

Delivering his judgment on the matter, Justice Adedamola Omidokun, on Tuesday, granted the prayers of the plaintiff and barred Ede-North local government from entering the land. Justice Omidokun nullified the leasehold made by the defendants on the disputed land, saying that the process through which the land was purportedly acquired was not completed.

According to Omidokun, the defendants were unable to establish the fact that they compensated the two families who were the original owners of the land after its acquisition.

She said payment of compensation is the evidence that the land in question was legally acquired. “No acquisition without compensation.”

She added.The judge however slammed N30, 000 penalty against the local government for the general damages caused to the two families.

She added that defendants were barred from entering the land of the plaintiffs until the process of acquisition is completed, among the process she said was payment of compensation.