Court resolves 11years boundary dispute between two communities in Badagry

A Lagos High Court has finally resolved an 11- year-old boundary dispute between Mowo and Araromi-Ale communities in Badagry area of the state.

 

The two communities have been involved in a protracted legal tussle since 2008 over the ownership of 37.709 hectares of land located within their boundary.

In the suit filed by Pa Fiyedenu Daniel and 75 others against the Executive Governor of Lagos State and 35 others, the Mowo community had asked the court to hold that the disputed land belongs to them.

But in a counter-claim, the Araromi-Ale community insisted on their ownership of the area citing a judgment of 1906 which pronounced that the Odo-Osun Swamp is a natural boundary between them and the Mowo community.

The community also asked the court to determine whether the Governor of Lagos State committed acts of trespass on their land when he unlawfully acquired portions of the disputed land when their name was not mentioned in the gazette published for the said unlawful acquisition.

In his judgment, Justice Sonaike of the Badagry Division, Lagos High Court held thus:

“The evidence from exhibit 13a was corroborated by evidence  elicited from 2DW under cross-examination  by the 17th -36th defendants/counter-claimants when he answered in the affirmative that Oshuku Iyonbu, the founder of Araromi-Ale and the disputed land of the 9th -16th Defendants belong to Aina Iyonbu Okete, son of the founder.”

“In establishing the proportion of the land in dispute, th 9th-16th  Defendants also tendered from the bar the judgment of Captain Sin Wood (Sic: SM Wood) delivered on 17th March, 1906 in the matter between Amosu, Baale of Mowo V. Aina lyonbu (Alias Aketi), Baale of Ale alongside  its interpretation marked exhibit CW4 and CW4A on 19th June, 2019.

“By this judgment, the 9th-6th Defendants Counter-claimants have been able to further establish and substantiate their evidence as title to the land as showing that AINA IYONBU OKETE is the great grandfather of the 2DW and the owner of the land, subject matter of this suit.

“I find the evidence cogent, believable and I accordingly ascribe probative value to the issue decided in the judgment of 1906 as it relates to the instant suit to wit that Aina Iyonbu Okete as (Sic:) is the owner of the part in dispute as it affects the particular land occupied by the 9th-16thDefendants/Counter-claimants.

On the unlawful compulsory acquisition of Araromi-Ale Community Land, Hon. Justice Sonaike held thus:”I am of the firm finding that the whole exercise on the alleged acquisition of the land in dispute by the 1st-5th Defendants having not been properly and validly acquired in accordance with extant law on acquisition of private property cannot validly allocate or vest anything to 6th-8th Defendants as far as the land of the Claimants, the 9th-6th defendants/counter-claimants as well as 17th-36thDefendants/Counter-claimants are concerned.

This is premised on the fact that as at the time of acquisition, the 1st-5th defendants have only constructive ownership over Mowo land only but not over Araromi-Ale or Atiporome land which is not stated under parcel “G”.

“The 1st-5th Defendants do not have claimants and the 9th-36thDefendants/Counter-claimants who are ownership/occupiers of the law (sic land) have established a case founded on trespass as against the 1st-5th Defendants. Moreso, when the 1st-5th defendant cannot give the 6th-8th Defendant what they do not owe.”