…Dismisses Appeal in Ikole Land Dispute
The Customary Court of Appeal, Ado-Ekiti, has referred a case between Agunbiade Akinwumi Joel and Miss Oladele Funmilola Olarewaju to the Ekiti State High court for proper adjudication and jurisdiction.
The verdict emanated from a dispute bordering on the ownership of the 4 bedroom flats known as Plot 4, Block O, GRA 3rd Extension, Ado Ekiti.
The appeal was against the judgement of the Customary Court of Efon Alaaye Ekiti delivered on December 19, 2023, by their Honours; J. O. Oyedele, Mrs. R. B. Aina and J. O. Falodun.
The reliefs sought from the Court of Appeal are;
- An order allowing the appeal and setting aside the judgment of the trial Customary Court appealed against it.
- An order nullifying all findings, resolutions and order made the trial Customary Court for want of jurisdiction.
In his judgement delivered on July, 24, 2024, Hon. Justice Lawrence Babatope Ojo said the appeal failed in its entirety and therefore struck it out.
Justice Ojo stressed that; “the High Court has exclusive jurisdiction to determine the issue of title to land in an urban area, citing section 39(1)(a) of Land Use Act.”
His Lordship posited that; “the Customary Court sitting in Efon Alaaye Ekiti has no jurisdiction whatsoever to adjudicate in respect of the title to Plot 4, Block O, GRA 3rd Extension, Ado Ekiti.”
“The trial Customary Court in its decision made it conspicuous that it has no jurisdiction to adjudicate on the subject matter, that it is only the Ekiti State High Court that has competent jurisdiction to determine the true owner of the property in dispute.”
In a separate judgement, the Customary Court of Appeal, Ado-Ekiti, dismissed an appeal filed by one Prophet Emmanuel Oluwaranminise against the ruling of the Customary Court of Ekiti State sitting in Ikole Ekiti in a land dispute in Oke Ako/Ipao Road in Ikole Local Government Area of Ekiti State.
The appeal was against the judgment of the Customary Court of Ekiti State sitting in Ikole Ekiti by M. O. Balogun, Chief J. K. Adewumi and Sir J. O. Ogunrotimi on June 20, 2023 in suit number AD/CC1/28/2021 between Elder Julius Adekunle, Mrs. Olugbenga Temitayo Adekunle, Miss Adekunle Adedayo, Mrs. Taiwo Adekunle all as respondents and Prophet Oluwaranminise as appellant.
The appellant through his counsels – Taiwo Ogunmoroti and Ayantunde Adeleke- hinged his appeal on 10 grounds. They include; that the lower court erred in granting the respondents’ claim, that the lower court erred when it assumed jurisdiction in the matter where it has none, that the trial court erred when it held that the appellant failed to prove his counter-claim, the lower court erred when the sum of one hundred thousand naira was awarded against the appellant for acts of trespass on the land in dispute, that the among others.
The respondents, represented by their counsels – Dr. E. K. Adetifa, Adetayo Awe, Femi Oloruntobi and O. D. Adegoke, raised two issues for determination. They are;
- Whether the Customary Court has jurisdiction to entertain the matter at the time their Honours did.
- Whether from the facts and available evidence on record, the respondents proved their case as to have entitled them to judgment.
Delivering his judgment on July 11, 2024, Hon. Justice Rotimi Adegboye resolve in favour of the respondents, thereby affirming the verdict of the trial court. He also dismissed the appeal for lack of merit.
The Justice held that the trial court was vested with the jurisdiction of entertaining the matter at the time their honours adjudicated upon it.
His Lordship also declined faulting the findings of the lower court on the ownership and identity of the land in dispute.
The lead judgment was supported by other members of the panel – President of the Customary Court of Appeal, Ado-Ekiti, Honourable Justice Monisola Abodunde, and Justice O.O Ogundele.
