The Ondo State Customary Court of Appeal sitting at Oke- Eda, in Akure has upheld the September 30, 2019 judgement of a Grade ‘A’ Customary Court, Odigbo, delivered in a land dispute situated at Odigbo Local Government Area of Ondo State.
The appellants, Mr. Henry Morakinyo , and Mr. Abiodun Akinboboye (for themselves and on behalf of the estate of Pa. Rufus Olaniji Akinboboye family of Ondo, had earlier approached the lower court to ask for the customary right of occupancy to the piece or parcel of land lying , and situate along Benin / Shagamu Expressway interchangeably called Lagos/Benin expressway , Ashejire in Odigbo local government Area of Ondo State.
Morakinyo and Akinbobola, (plaintiffs) on behalf of the family had instituted the case against one Chief Emmanuel Ukaegbu , at the Grade ‘A’ Customary Court over a parcel of land measuring approximately ten (10) plots of one hundred feet in length by fifty feet in breath(100ft by 50ft) each.
Ukaegbu was the defendant at the lower court and respondent at the appellate court.
But, the lower court gave its judgement in favour of the defendant, Chief Ukaegbu and made an order, declaring that the defendant/counter claimant is entitled to the grant of customary right of occupancy to the piece or parcel of land.
The court also ordered the plaintiffs to prepare, sign and execute a title document in respect of the twelve (12) plots of land giving out /granted to the defendant/ counter claimant, while the cost of N50,000 was awarded against each of the plaintiffs in favour of the defendant.
Dissatisfied with the verdict, the plaintiffs initiated the appeal by filing their notice at the Court of Appeal.
The Appeal Court presided over by Justice Eunice Aderonke Alade with Justice Christy Titilayo Adesola-Ikpati and Justice Akinfemi Micheal Owoyemi, as members, affirmed the verdict of the lower court and dismissed the appeal brought before it for lack of merit .
In the lead judgement read by Justice Eunice Alade, the court held that the appellants failed to establish their case as required by the law before the lower court.
It held, ”The appeal fails and is accordingly dismissed and the judgement of the trial court granting title to the respondent in respect of the 10 plots of land in dispute affirmed.
The appellate court held, ” This is an appeal against the decision of the Ondo State Grade ‘A’ Customary court sitting at Odigbo delivered by His worship , B.E Adenigbo ESQ (Presiding) and their honour to wit: B.O Olajobi and I.B Orogun (members) on Monday 30, September 2019 in suit No: ORCC/44/2019 wherein judgement was entered for the respondent.
In the final analysis, the Court of Appeal, held that the appellants failed to establish their case as required by the Law before the lower court.
The case was accordingly dismissed the judgement of the trial court granting tittle to the respondent in respect of the 10 plots of lands affirmed.