The Customary Court of Appeal, Ado-Ekiti has resolved an age-long land dispute in Ilawe-Ekiti, affirming the decision of the lower court.
The court pronounced the judgement at it maiden sitting outside Ado-Ekiti, held in Ilawe on 20th February, 2024.
The Customary Court of Appeal affirmed the judgment of the Customary Court, Ilawe-Ekiti, delivered on August 25, 2022, in a land dispute situated at Imole-Omode along Igede Road, Ilawe-Ekiti.
The land in contention is between Mr. Ojo Alonge, Mr. Ademola Afolalu, Mr. Ayo Ajilore, and Mr. Akin Okimi as appellants and Mr. P. A. Akosile and Mr. Maurice Ojo as respondents. Appeal Number EK/CCA/A/19/2023.
In the landmark judgement, President of the Customary Court of Appeal, Ado-Ekiti, Honourable Justice Monisola Oluwatoyin Abodunde, who read the Lead Judgment, ruled in favor of the respondents, Mr. P. A. Akosile and Mr. Maurice Ojo (for themselves and on behalf of Adegbolagun Family.)
Ruling on the question of identity of the land, Honourable Justice Abodunde posited that; “the identity of the land is not in dispute from the evidence before her and as averred by the appellants.”
On the issue whether or not the lower court properly evaluated and appraised the oral and documentary evidences adduced by the parties before it, Honourable Justice Abodunde held that; “the traditional evidence adduced before the trial court was not conclusive, hence the lower court relied on proof of acts of ownership in my view by both parties in arriving at which was most probable and I so hold.”
The Court added that; “I also place heavy reliance on the trite position of the law that where traditional evidence in land matter is in conflict or inconclusive as it was before the lower court, the court should not go by the credibility of the witnesses but should examine the acts of ownership or possession done by either party. See ELEGUSHI V OSENI (2005)14NWLR PT945 PG348 AT PG 366.
“This in my view explains why the lower court arrived at its decision without addressing issues of credibility raised by witnesses before the lower court.
“On the whole I find no reason to disturb the findings and judgement of the lower court. The decision of the Customary Court of Ilawe Ekiti delivered by the Chief President Ronke Ajetumobi on the 25th day of August, 2022, is hereby affirmed.”
The Court then urged parties in the suit to allow peace to reign in the interest of communal harmony.
The lead judgment was supported by other members of the panel – Justice Rotimi Adegboye and Justice Lawrence Ojo.
Counsels to the appellants and respondents – Ebenezer Alabadan and O. Jayeoba respectively agreed with the ruling and commended the justices for the thoroughness and brilliancy put into the judgment.
In an exclusive interview with the Acting Chief Registrar, Olorunsola Alexander ESQ, he stated that this is the first of such judgement delivered by the Customary Court of Appeal outside Ado-Ekiti.
He gave an assurance that such moves will spread to other parts of the state in due course in line with the Law that established the court particularly Section 17(2) of Ekiti State Customary Court Of Appeal Law, 2010
He went further to state that, it could be recalled that during the inauguration of the court by the Ekiti State Governor, Biodun Oyebanji, on February 23, 2023, Honourable President of Ekiti State Customary Court Of Appeal My Lord Honourable Justice Abodunde posited that, the Customary Court of Appeal will strengthen customary dispute resolution and also provide inclusive access to justice for the grassroot citizens. And that today’s sitting laid credence to my Lord’s position.
