The Nation Newspaper

Tag: Land case

  • Family wins land case

    Justice Ugochukwu Anthony Ogakwu, of Court of Appeal, Igbosere in Lagos, has declared the Langbasa family the rightful owner of a land situated at Eti-Osa Local Government Area.

    In his judgment, Ogakwu averred that the land, which has been a subject of dispute between the Langbasa and Elejigbo families belong to the former.

    He awarded N50,000 to Langbasa family, as damages incurred by the Elejigbo family for trespassing the land.

    The judge granted an order of perpetual injunction, restraining the Elejigbo family from further trespassing the land or claiming any portion of the land.

    He said the appellants, members of Langbasa family, are entitled to N200,000 as cost, besides dismissing counterclaims of the respondents.

  • Supreme Court dismisses Fed Govt’s objection to land case

    THE Federal Government has no legal right to challenge the Land Regularisation Policy of the Lagos State Government, the Supreme Court has ruled.

    In a ruling by a seven-man panel, the court upheld the preliminary objection filed by the Lagos State government to contest the legality of the suit.

    The ruling was delivered on behalf of members of the panel by Justice Clara Ogunbiyi

    In its Land Regulation policy, the state specified the process of ratifying the title of holders of Certificates of Occupancy said to have been obtained from the Federal Government.

    But the Attorney-General of the Federation (AGF) represented by Mr. Olisa Agbakoba (SAN), had in a suit, reference number SC/50/ 2011, invoked the original jurisdiction of the Supreme Court to challenge the provisions of the policy.

    While arguing the case, Agbakoba cited particular properties where title holders were required by state to pay a  certain amount as “Ratification” of their title before any other transactions can be permitted on such land.

    But  the state raised an objection that the Supreme Court could not exercise original jurisdiction in the matter, because the subject matter was a land matter within the exclusive jurisdiction of the High Court.

    The  Attorney-General and Commissioner for Justice, in his preliminary objection, argued that the AGF lacked the locus to file the action on behalf of the Federation against the state because the matter was between the Federal and Lagos State government.

    The arguments of the state were said to have been based on a judgment of the Supreme Court  delivered in 2014 where it held that disputes between a state and the Federal Government cannot be arrogated to the Federation of Nigeria in order to cloak the Supreme Court with Jurisdiction to hear same.

    After considering arguments for and against the suit, the Supreme Court held that although it did not agree that it could not entertain the matter in its original jurisdiction, but from available evidence, the Federal Government had divested itself of the titles to properties which were subject of the suit and therefore had no locus to bring the action.

    The preliminary objection of the State Government was therefore upheld and the suit dismissed.

  • Land case: Malami, Offor head for Supreme Court

    Abuja Electricity Distribution Company Chairman Shehu Malami and Chrome Group Chairman Emeka Offor have filed an appeal at the Supreme Court against the Court of Appeal’s verdict on a disputed property at Plot 1809, Asokoro, Abuja.

    The Court of Appeal had held that the property belongs to a Nigerian-American businessman, Mr. Imoakhuede Ohikhuare.

    Last May 28, it ruled that Ohikhuare was forcefully evicted from the property on September 12, 2012 through an unlawful execution of the judgment of an Abuja High Court, which transferred the property to Malami.

    Malami claimed at the Appeal Court that he sold the land in question and gave an irrevocable power of attorney to Offor in 2005 before he (Malami) instituted a case at the High Court in 2006. But, the Court of Appeal entered judgment against the elder statesman and Offor.

    The apex court adjourned the matter to May 17 due to the absence of the fourth respondent – former Minister of Transport, Alhaji Habibu Aliyu, who allegedly the property to Ohikhuare in 2006.

    Ohikhuare was said to have bought the land for N50 million, and built residential apartments valued at about N1 billion on it.

    According to him, for four years during which he occupied the land, Malami, Offor or their privies did not lay claims to the property.

    He was living with his family in the property when he was allegedly ejected with force from it on the basis of Justice Umar’s verdict which the Court of Appeal set aside.

  • Land case: I was offered inducement, says judge

    The litigation between the Delta State Government and the Okere Community in Warri South West Local Government assumed a new twist yesterday when Justice Marshall Mukoro of High Court 1 accused one of the parties of trying to bribe him.

    The people of Okere Community, led by Chief Rita Lori-Ogbebor, sued Governor Emmanuel Uduaghan and the government over the acquisition of a land on Esisi Road, Warri.

    The government is building a model primary school on the land.

    The Ijaw of Ogbe-Ijoh clan in Warri South West Local Government increased the stake when they applied to be joined in the suit. They are also laying claim to the land.

    There was drama in court yesterday when Justice Mukoro accused leaders of the Ijaw community of trying to influence him through an 80-year-old emissary.

    The judge said but for the age of the “messenger”, he would have ordered his arrest and detention, warning that such approach would not be tolerated.

    He advised interested parties to back their claims with relevant documents and thorough prosecution of their case.

    The judge added that there was no shortcut to victory in a legal tussle.

    Chairman of Ogbe-Ijoh Governing Council Clarkson Aribogha, who led the Ijaw delegation, however told our reporter that the judge’s reproach was not specifically for the Ijaw, but to all interested parties in the case.

    The case was adjourned till June 11.