By Robert Egbe
The Court of Appeal sitting in Lagos has dismissed an application challenging six respondents’ ownership of land within Atunrase Estate at Gbagada, Lagos State.
A three-man panel of the court unanimously upheld the June 1, 2015 verdict of a Lagos High court which recognised the respondents’ ownership of the land.
The appeal was filed by Mr Oluhola Atunrase, Mr. Tunji Atunrase, Chief Jimoh Olujinmi Raji, Chief Nze Ezeokoli, Alhaji Tajudeen Mabifa, Dr. Charles Osakwe, Otunba Julius Akinlabi, Alhaji Wasiu Shobowale, Chief Emmanuel Ikenye, Pastor Samuel Adedoye, and Olufemi Apara.
The first to seventh respondents in the suit are Taiwo Seriki Tomori, Harp & Timbrel Limited, Bak Olu Resources Nig. Ltd, Gbolahan Akanbi Timson, Adesesan Dina, Olukoya and Deputy Sheriff High Court of Lagos State.
The appellants had approached the High Court seeking to set aside a consent judgment of October 22, 2008 in suit No. lD/203m/2008 which recognised the respondents as owners of the land.
They claimed that the consent judgment was obtained by fraud and collusion between the parties and therefore null and void.
Aside an order setting aside the execution of the consent judgment, they also sought N25 million damages against the first to sixth respondents for illegal execution of the consent judgment.
But the lower court held that their claims were unfounded.
The appellants approached the appellate court in 2018, seeking to upturn the verdict.
But in a December 9, 2020 judgment, Justices Joseph Shagaor Ikyegh, Jamilu Tukur and Ebiowei Tobi threw out the appeal.
Justice Ikyegh, who read the lead judgment, noted that there had been settlement between Chief Atunrase and the respondents in which they (the Atunrases) appeared to concede that a firm, Industrial Chemist, was most probably the owner of land in the area, including at Aturanse Estate.
The late Chief E. O. Ashamu is the owner of Industrial Chemist.
The judge observed that “The respondents contended that the court below was right in holding in its judgment that in the terms of settlement in suit No. ID/371/84 Chief Atunrase and three others conceded that Industrial Chemist were the owners of nine plots of land and paid N90,000 to them from which the court below drew the inference that Industrial Chemist is most probably the owner of surrounding land including Aturanse…”
He also observed that the first to sixth respondents proved at the lower court that through their counterclaim “that they have a better title to the land in dispute” than the appellants.
The judge agreed with the lower court that “fraud and collusion which were the double-pronged arsenal deployed by the appellants against the consent judgment were not established.
“In conclusion, I find no merit in the appeal and hereby dismiss it and affirm the judgment of the court below (Taiwo. J.). The appellants shall pay N500,000.00 to the respondents.
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