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Monday, September 20, 2021

Gbagede Community Defeats Oluganna of Ganmo in Court over Land Dispute

The Onigbagede of Gbagede, Ifelodun Local Government Area of Kwara State, Oba Alhaji Abdulhakeem Kayode Ishola, has directed all illegal occupants of the landed property belonging to Gbagede community to vacate or face the full wrath of the law.

Ishola, in a statement issued in Gbagede community yesterday, said that judgement of the High Court sitting in Ilorin had vindicated the community against illegal occupants of its landed property.

The High Court had in a judgment delivered by Justice T.S. Umar on the 24th of June 2020, struck out a case, which was filed against Oba Abdulhakeem Kayode Ishola.

The Oluganna of Ganmo and one Mr Adetunji Fagbemi had on the 21st of May, 2019 instituted a legal action against Onigbagede of Gbagede community for a declaration that the entire land of Gbagede community belongs to the family of Oluganna of Ganmo.

The 1st claimant, who based his claims on the judgement of the Supreme Court vide suit No: CA/69/90 and SC/96, argued that the ownership of any part of the supposed Gbegede community land, the land in dispute, belong to Oluganna of Ganmo family.

Justice Umar however, declared that the said judgement only covered 22.65 Acres as contained in the Customary Right of Occupancy, adding that there was nothing to show that the 1st claimant’s land extend to the Gbagede community and the land in dispute.

The court said that a relief of declaration of title being discretionary cannot be granted by any court when the identity of the land was not clear and ambiguous.

According to the court, “whenever a plaintiff fails to establish the identity of the land to which his claim of ownership or title relates, his evidence at the trial, whether oral or documentary, cannot in law grant a declaration of title in his favour.

The court consequently struck out the case of the claimants for lacking in merit and incompetence.

Relying on the judgement, Oba Alhaji Abdulhakeem Kayode Ishola, directed that anyone who purportedly purchased land belonging to Gbagede community from unauthorised persons should vacate the property or face the full wrath of the law.

He added that Gbagede community under his leadership would enforce the judgement to the latter as a way of protecting the property and heritage of the community.

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