Court slams monarch, associates N20m fine over land trespass
A Lagos High Court sitting at Tafawa Balewa Square has awarded N20m in damages against Oba Adetunji Akinloye, Alhaji Yekini Olawale Bakare, and Mr. Olukayode Akinbola for unlawfully trespassing on over 138 hectares of land belonging to the Sule Olusesi family in Olugborogan Town, Eti-Osa Local Government Area.
In a judgment delivered by Justice Idowu Alakija, the court also issued a perpetual injunction barring the defendants from ever entering the disputed land.
The court declared the Sule Olusesi family the rightful owners of the land, ending nearly a decade of litigation.
Justice Alakija ruled that the defendants had no valid legal or traditional claim to the land, describing their actions as “nothing short of illegal encroachment.”
She further ordered the defendants to pay an additional N1m in legal costs to the claimants.
The court granted all nine reliefs sought by the claimants, including declarations affirming the Sule Olusesi family’s ownership of the land covered by Survey Plan No. SCR/LA78/10 dated February 18, 1978, and another parcel detailed in Survey Plan No. LS/D/LA347 dated May 11, 2000.
Represented by their counsel, Dr Yemi Omodele, the family, led by Prince Rasheed Olusesi, had sued Oba Akinloye, Alhaji Bakare, and Mr Akinbola for trespassing, selling portions of the family land, and falsely claiming ownership of Olugborogan Village.
“The Sule Olusesi family is the original owner of the land in Olugborogan Town… Any portion of the land that might have been illegally sold, bequeathed, leased, or given out by the defendants is hereby voided, nullified and cancelled,” the judge held.
“The court finds the defendants guilty of trespass,” Justice Alakija declared in her judgment.
“They had no valid legal or customary claim to the land. Their continued occupation and purported sales are nothing short of unlawful encroachment.”
“The defendants have not shown any credible documentary or traditional evidence to support their claim,” she added.
The court also reaffirmed that the Sule Olusesi family is the lawful owner of: 138.096 hectares (341.248 acres) of land covered by Survey Plan No. SCR/LA78/10, drawn by licensed surveyor J.O. Ogedegbe on February 18, 1978; and 55.671 and 20.873 hectares, respectively, covered by Survey Plan No. LS/D/LA347 dated May 11, 2000, drawn by M.A.O. Durowoju, the Lagos State Surveyor-General, and referenced in Lagos State Government Gazette No. 24, Vol. 27 of June 23, 1994.
Justice Alakija further ordered that the defendants, their agents, servants, or privies be permanently restrained from entering, selling, leasing, or transferring any portion of the land.
“It is hereby ordered that the defendants, their servants, agents and/or privies do not have the right to sell, alienate, bequeath, give out, lease out, and/or grant any portion of the land covered by the Survey Plan No.LS/D/LA347dated 11/05/2000 drawn by M.A.O. Durowoju
(Surveyor General of Lagos State) measuring Area:55.671 hectares and area 20873 hectares – Olugborogan village excision referred to in Lagos State Government Notice No.33 of Gazette No.24, Vol.27 of 23/06/1994 to anybody whatsoever,” the judge held.
The court awarded N20m in damages for trespass and emphasized that the Sule Olusesi family is the rightful and original owner of the land as captured in both referenced survey plans and gazetted documents.
“An order of this Court awarding the sum N20,000.00 (twenty million naira) only as damages in favour of the Claimant against the defendants for the act of trespass committed on the land covered by Survey Plan No.LS/D/LA347 dated 11/05/2000 drawn by drawn by M.A.O.Durowoju (Surveyor General of Lagos State) measuring Area A:55.671 hectares and Area 20.873 hectares -Olugborogan village excision referred to in Lagos State Government Notice No.33 of Gazette No.24, Vol.27 of 23/06/1994,
The legal battle began with a Writ of Summons and Statement of Claim filed on October 25, 2016. An amended version was submitted on June 29, 2018, along with an additional witness statement dated January 3, 2019.
The defendants, represented by lawyer Olagbade Benson, filed their Statement of Defence on January 20, 2017. The claimants responded with a reply dated February 3, 2017.
The trial commenced on January 14, 2018, with the claimants’ first witness, Prince Alhaji Abolore Olusesi, testifying on behalf of the family. His sworn statements, admitted as Exhibits A and A1, formed the backbone of the family’s case.
He told the court that the Sule Olusesi family is the legitimate owner of the land in Olugborogan Olusesi Town, and that Oba Akinloye, the traditional ruler of Ajiran (Ojomu of Ajiran), alongside the other defendants—described as professional land speculators—used their influence and financial means to intimidate and forcefully remove the rightful owners from the land.
Prince Olusesi alleged that the defendants employed the services of a notorious land grabber, Kamorudeen Lamino (alias “Sir K” Oluwo), to forcibly evict the family from the land on October 3, 2016.
He testified that the disputed land had been unlawfully sold by the defendants to unsuspecting buyers despite having no legal right to do so. “It is the defendants’ usual practice to indiscriminately and unlawfully take land from rightful owners across Lagos, especially in Eti-Osa LGA,” he said.
Under cross-examination, Prince Olusesi confirmed that he is a member of both the Oluge Royal Family and the Ojomu Chieftaincy Family.
The defence opened its case on October 21, 2021, with Mr Olukayode Akinbola, the third defendant, testifying that he had worked as a surveyor for the Ojomu Chieftaincy Family and was familiar with the land in question.
Justice Alakija’s judgment brings long-awaited relief to the Sule Olusesi family and sets a significant legal precedent against land grabbing in Lagos State.
