Legal practitioners have called for stricter adherence to judicial pronouncements on land disputes, expressing concerns over increasing non-compliance.
The lawyers made this call during a court session in Lagos, emphasizing the need for fairness and transparency in legal proceedings.
Speaking to journalists, the lawyers stated that adherence to judicial rulings is essential to maintaining the integrity of the legal profession and preventing unnecessary conflicts.
Among the legal representatives present were Adedamola Alebiousu, O.O. Banjoko, and M.A. Omotayo, who appeared on behalf of the Elegushi Royal Family, Gbara Family, and Ologolo Family, respectively, in Suit No: YSD/15603LMW/24, which was heard before Justice Balogun.
In the matter filed by the applicants’ counsel, Barrister Adepeju Omotayo of Bamidele Omotayo & Co., the application cited Order 43 Rule 1 and Order 15 Rules 4, 12, and 17 of the High Court of Lagos State (Civil Procedure) Rules 2019. The motion sought to set aside the judgment delivered on October 22, 2024, on the grounds that it was given in error due to alleged misrepresentation of material facts by the claimants.
The claimants in the case—Sarata Oseni, A.B. Tokosi Maiyegun, Wasiu Arimi, Alhaji Adio Maiyegun, and Alhaji Shamsideen Maiyegun—represented themselves and the Maiyegun Family.
The Motion on Notice asserted that the claimants misrepresented the identities, descriptions, and addresses of the applicants, labeling them as “Unknown Persons” despite their involvement in Suit SC/50/2001: Oba Yekini Elegushi & Ors vs. Sarata Oseni & Ors, where judgment for possession was granted to the Elegushi Royal Family.
The motion further argued that describing parties from Suit SC/50/2001 as “Unknown Persons” constituted a misrepresentation of material facts.
As a result, the applicants sought an order allowing Chief Wakilu Ologolo and Omogbolaga Muda Adedoyin to be joined as parties/defendants in place of the so-called “Unknown Persons.”
In his supporting affidavit, Chief Wakilu Ologolo, a principal member of the Ologolo family, stated that he had personal knowledge of the case and received additional information from his predecessor as Baale (Traditional Head) of Ologolo in Eti Osa Local Government Area of Lagos State.
He affirmed that the Maiyegun family were customary tenants of the Elegushi Royal Family and that the latter maintained authority over various villages in the region.
Ologolo further explained that the Lagos State Government, through a 1994 land acquisition, had excised specific portions of land to families whose villages were affected.
He submitted as evidence a composite plan and the Lagos State Government Gazette (No. 20, Vol. 26, May 13, 1993), detailing the land allocations. Other villages affected included Gbara, Aro, and Maiyegun, which were part of the global acquisition.
According to Ologolo, there have been disputes over land ownership and the interpretation of legal rulings regarding land allocations.
The affidavit also referenced Suit No. LD/2963LMW/00 and Appeal No. CA/LAG/CV/1053/2020, emphasizing that the Supreme Court’s judgment was still under interpretation. In Suit LD/185/03, Hakeem Kazeem & 2 Others vs. Alhaji Lawal & 2 Others, the Court of Appeal upheld that the claimants’ land was limited to 14.534 hectares as specified in the survey plan and government gazette.
Ologolo concluded that the claimants had sold all 14.534 hectares allocated to them, and the land has since been fully developed into a town with named streets, such as Oseni Maiyegun Street and Kenneth Odika Close, along with prominent locations like Ocean Breeze Estate and Gebbreed Hall Schools. Supporting photographs and documents were submitted as evidence to affirm these claims.
The case remains before the court as legal stakeholders continue to push for strict adherence to judicial rulings to prevent further disputes and maintain legal integrity in land matters.
Echezona Okafor.
