For landlords of houses on three streets — Arowolo, Akinola and Onitiri — in Ojokoro, Abule-Egba on the outskirts of Lagos, the hope of retaining their houses appears slim. A 1987 court ruling, enforced on the land in 2009, has brought about unending legal brickbats. A future without their properties stares them in the face, reports SEYI ODEWALE
Segun Gbadamosi, a pensioner, who retired as a Chief Superintendent of Nigeria Customs Service, Seme Border, in 2004, never had an inkling that 41 years after he had fully paid for his two plots of land, and 35 years after he had moved into the house he built on the land, he would be tagged an ‘alien’ on his land, courtesy of a 1987 court ruling.
His number 57, Arowolo Street, Mile 16 ½, Lagos-Abeokuta Expressway, Abule-Egba Ojokoro residence, came under the threat of bulldozers in 2009 in a bid to enforce a 1987 court judgment, which ceded his land and those of others to another family, different from the one he bought the land from.
He is not alone. His neighbour, Olusegun Akinola of 50, Olusegun Akinola Street, who also retired from Incar Nigeria Limited in 1993 as a General Manager, is equally running from pillar to post to save his property. His house of about 40 years is facing a similar threat. So are many others, such as those belonging to Johnson Popoola; Jonathan Anuibe Adewale Shola; Madam Adisatu Bankole and Mr Oyewumi on the three streets – Arowolo, Olusegun Akinola and Onitiri – at Mile 16 ½ Lagos–Abeokuta Expressway, Ojokoro, Abule Egba; an area comprising 32.5 acres of land. They are faced with the dilemma of losing their houses and land.
To them, the thought of losing their properties is a nightmare that has refused to go. The land has been a subject of litigation and counter-litigation over its ownership for many years.
“About 120 homes and houses would be destroyed; several families would be displaced; many would be made to suffer for what they knew nothing about and many more people may be forced into crime or be made to do what may be inimical to the peace of the area and the state at large, if justice is misplaced on the land,” said Gbadamosi.
The trouble with the land, Gbadamosi, who is the Chairman, Landlords’ Association of the streets in question, said, started on August 7, 2009, when forms ‘O’ (certificates of execution of warrant of possession) were served on them, taking possession of their lands and houses by the Carenna family, which was said to have won a 1987 High Court case on the land.
“We were rudely shocked that day when we saw people with armed uniformed men come with bulldozers to pull down our fences and houses. We were helpless and watched hopelessly as their machines destroyed some of our properties. We bore the brunt of what we knew nothing about,” he said.
While the ‘invasion’ lasted, Gbadamosi said he and others ran to the Iyanru family, which they knew as the original owners of the land.
“We went to the family and they assured us that nobody would take our land away from us. To them, it was a cruel joke. They showed us the original Deed of Conveyance of the land, which covered a vast area from Sango-Ota in Ogun State to the Abattoir in Agege.”
Recalling the genesis of the problem with the land, Gbadamosi, said: “I bought my land in 1972 and, by 1978, I had built and moved into my house, so had others like me. I think the trouble began in 1980 when Carenna family went to court; they accused the Akinlase family, a branch of the Inyanru family, of encroaching on its land.”
He continued: “The matter went on for so long, for over 20 years. But within the first 10 years, precisely in 1987, Carenna family, who took Akinlase to court, won. This was because Akinlase, through a member of the larger Iyanru family, was not seen as representing the Iyanru family. Iyanru Chieftaincy family of Ogun and Lagos states owns the land. I actually saw the Deeds of Conveyance made in 1930s covering Sango to Abattoir in Agege.”
The judge in his declaration said, inter alia: “In the statement of defence filed on behalf of the 5th-9th, defendants, the Defendants (others joined with Akinlase in the case) averred in paragraph three that they are the owners in possession of all that large area of land situate at Ojokoro in Lagos State as an estate of inheritance under Yoruba Native Law and Custom.
“Other paragraphs alleged one thing or the other which required oral evidence to be given. Since the defendants have failed to appear, and to give evidence, I am bound to consider the only evidence before. I am, therefore, satisfied that the plaintiff (Carenna family) is entitled to the declaration of title asked for by virtue of the evidence before me which is in line with principles laid down by Coker JSC in the case of Olujebu of Ijebu v Oso, Eleda of Eda as regards trespass, there is evidence before me that the plaintiffs were in possession until 1980 when the defendants entered.” Akinlase’s failure to prosecute the case and present evidence at Justice Fernandez’s court made him and others joined in the suit to lose the case.
Justice Fernandez said: “I hereby declare the plaintiffs (Carenna family) as entitled to the property situate at Ojokoro Mile 16 ½ (Abule-Egba) Agege-Abeokuta Road in Lagos State and covered by a Deed of Conveyance known as No. 38 page 39 in Volume 987 in Lagos State Registry of Lands.”
“But a member of Iyanru family, Chief Jimoh Arowolo, now late, on behalf of himself and Olarokun family, another branch of the Iyanru family, filed an appeal at the Court of Appeal. Although he was not a party to the earlier case, but he sought to be joined as a party to prosecute the appeal,” Gbadamosi said.
Arowolo’s appeal, he said, could not sail through.
“On November 24, 1994, his appeal was dismissed. But he was not satisfied with that. He went on to appeal to the Supreme Court in Appeal No. SC.65/1965. While his appeal was pending at the apex court, the man also in Suit No ID/313/94 instituted a fresh action against the Plaintiffs, who are also Respondents in the appeal, asking for four prayers,” Gbadamosi said, reading from a certified copy of the Supreme Court judgment.
He continued: “In March 1999, his September 22, 1995 appeal in suit SC.65/1965 was dismissed for want of diligent prosecution. On January 25, 1999, Chief Jimoh Arowolo filed another application for stay of execution of the ruling of the lower court, but he lost. In July 2001, he appealed against it and won. His victory was short-lived as he was taken to the Supreme Court. The presiding judge, F.F. Tabai (JSC), set aside the appeal and the Appeal Court judgment of Moni Fafiade of March 2000, which endorsed the High Court’s declaration, was upheld. But while the cases were on, Arowolo died. This was a huge setback for the entire family.”
The issue has not been laid to rest as series of litigations are still pending in different courts and this has compounded the fear of the affected landlords. At some point, some of them came up with an idea of amicable settlement, whereby they would repurchase the land. Representations were said to be made to the Carenna family, but they did not make any headway.
“Although we are still exploring legal options available, we have not foreclosed amicable resolution of the matter. Some of us went to negotiate with Carenna’s family lawyer to see how we can salvage our land, but the family seemed insensitive.The amount they are demanding is outrageous. They are asking us to pay N6 million per plot for the land most of us had built on about four to five decades back. We even made our position known to them, but they flatly refused,” Gbadamosi said.
Showing photocopies of cheques drawn in favour of Carenna family by some of the landlords, which were rejected,Gbadamosi said the Carenna family does not seem to agree to an amicable settlement.
Seven persons: John Popoola; Olusegun Akinola; Oyewumi; Mrs Mosunmola; Jonathan Anuibe; Madam Adisatu Bolanle and Adewale Shola through their lawyer, Victor Kolade &Co., on February 28, 2011, wrote to the counsel to Carenna family, Mrs Bisi Awonuga and offered to pay N3 million per plot and N150,000 as legal fees to be spread over two years. To show their seriousness, they attached cheques drawn in favour of Carenna family. It was delivered on March 3 of the same year.
“But the letter accompanying the cheques was received and the cheques returned. Consequently, Mrs Awonuga wrote a reply on March 15, to acknowledge the receipt of the letter from Kolade’s Chambers and the rejection of the offer. On May 11, 2011 counsel to the seven landlords wrote again to increase the offer to N4 million per plot. But this had no effect as no response was got,” Gbadamosi said.
What was to later bring fear into minds of the people was the issuance of Form 48, which is notice of consequence of disobedience to court order to the landlords on November 4, 2011. “The order put us on the edge and we are hopelessly helpless,” he said.
“While we are still battling with Form 48 order, Form 49, order of committal to prison for disobeying a court order was issued on the 21st of the same month. And this has left us where we are. Not only this, there have been instances of direct physical attacks on us by the alleged agents of Carenna family. Last January, I was short at and I almost lost my life. The Police investigator told me that the people behind it are very powerful. According to him, they see me as the only obstacle to their ambition of taking over the land. They said I know so much about the land, hence I must be removed,” Gbadamosi said.
Carenna family’s lawyer, Mrs Awonuga, however, dismissed the landlords’ claim. To her, their ‘noise’ is just to attract sentiments to themselves.
“I hope you know that the case has gone to the Supreme Court and back and the apex court’s decision is final,” she said on phone.
She continued: “They are not telling the truth about the case. Some of them have gone to court to challenge the Supreme Court’s judgment. But, quite a number of them are complying. Some have fully paid up while others are making attempts to pay.”
On the price the landlord were asked to pay, she said: “Initially, we agreed with them to pay N4 million, but we later discovered that some of them are not sincere. Some went to court to seek injunctions and you know that we are paying money to look after the land. We pay N1 million monthly on the land and we have to recoup the money.”
But Gbadamosi said: “While the legal battle is on I believe we can get a way around this imbroglio. I think the family should be reasonable enough by shifting ground. If after building on a land bought over 40 years ago, someone is now asking for N6 million per plot from pensioners, widows, widowers and the aged to be paid afresh, then we should ask ourselves what our values are? Where am I going to get that kind of money? I don’t want to leave debt for my children when my father never left any debt for me,” Gbadamosi said with emotion.
“I would suggest that the families involved meet and settle out of court. We have seen instances like this and hell was not let loose. I remember a similar issue happened in Ilupeju area of the state. The family who won the case did not bring bulldozers to pull down all the houses in Ilupeju. The same happened in Papa Ashafa, Agege between The Apostolic Church and residents of the area, involving about 15 streets, stretching to about 42,000 acres. Heaven did not fall. I think it was resolved amicably,” he said.
