After a protracted five-year legal battle, the children of the late Ajayi Bello have finally secured ownership of a 1.310-hectare land at Oke-Odo along the Lagos-Abeokuta Expressway.
Justice Y. G. Oshoala of the Lagos High Court has granted an Order of Possession to the claimants and issued a restraining order against the defendants from trespassing on the land.
The court’s decision in suit number ID/8649LMW/2019 grants possession to Olusola Odetola, Sherifat Soyoye (née Bello), and Kehinde Shehu (née Bello), the children of Ajayi Bello, who passed away without a will.
The order also restrained David Famuyiwa, Akinwumi Odeyemi, Olugbenga Sogbamu (acting for Agbado/Oke-Odo Local Government Development Area and Alimosho Local Government Council), and any other parties from entering the land, as detailed in Survey Plan No. WAT/LA/2894A dated June 6, 1985.
The claimants had sought a court declaration that the defendants’ entry onto their land was unlawful. They presented evidence including the survey plan and a complaint letter sent to the Agbado/Oke-Odo LCDA and Lagos State Special Task Force, which the defendants failed to address adequately.
The defendants, while denying trespass, argued that the claimants should have involved the police regarding displaced market vendors.
They admitted engaging Total Value Integrated System Limited for market reconstruction but denied responsibility for any invasions or demolitions of the claimants’ property.
Justice Oshoala ruled that the defendants’ failure to respond to the complaint letter constituted an admission of the allegations.
The court noted that the defendants had not provided any counter-evidence or survey plan to dispute the claimants’ evidence.
The court’s judgment confirmed that the claimants are entitled to the statutory right of occupancy over the disputed land. It also declares the defendants’ forceful entry onto the land as unlawful and issues an injunction to prevent further trespass by the defendants.