A Lagos High Court has dismissed the case of a land dispute between Alhaji Yaya Erinfolami of the Ogbere family and Mr. Jamiu Awoyemi of the Ishoru family, both of Isolo area of the state.
The disputed land stretched from Jakande Estate to Isheri to Oke-Ogbere excluding where Lagos State Government low cost housing estate.
The Ogbere family occupies the western side of the land while the Ishoru family occupies the eastern part.
The court held that both families have no right of claim over the entire disputed land.
In her ruling, Justice Josephine Efunkumbi Oyefeso said that both the Claimant and the 1st Defendant were still bounded by the judgement in suit No 1/110/55 delivered by J.I.C Taylor on February 1957, which made no declaration of title in favour of either families.
Justice Oyefeso delivered her judgement on February 6, 2017.
The Court, however, said that the Claimants are entitled to continue possession of the western area, which they have occupied before and since the judgement in Suit No 1/110/55 which is described in paragraph 14/of the statement of claim.
According to the Judge, the principal member of the Ogbere family, Alhaji Erinfolami, gave evidence for its claim to occupy the entire land.
He (Erinfolami) testified that the land in dispute belongs to his family. He stated that the Ogbere family and Ishoru had, for a long time, been having disputes over a large expanse of farmland at Isolo which was occupied by both families.
In 1955 the Ogbere family instituted an action against the Ishoru family over the entire land occupied by both families in suit No 1 /110/55. Hon Justice J.I.C. Taylor delivered judgement on 14th February, 1957, and dismissed the claims of the Ogbere family as sole owner of the entire parcel of the land. The judgement was confirmed by the Supreme Court in Suit No FSC /223/61.
Justice Oyefeso ruled that her court could not upturn that Judgement of February 14, 1957, which has since been affirmed by the Supreme Court and for that reason the Claimant’s case fails and was then dismissed.