Francis Iwuchukwu 
A Lagos High Court, Epe, presided over by Justice Sharafa Abioye Olaitan has held that the Iposu Chieftaincy Family is not the rightful owner of the 1168.141 hectares (2886.534 acres) of land situated at Epe Communal land.
The affected land includes the large expanse of land at Akesan and Papa, alleged to be bounded by Epe Lagoon, Santos Family land, Lupotoro Family land, Odofin compound, Jubulu Family land and Itemu River measuring 1168.141 hectares (2886.534 acres), more particularly shown on Composite Plan No: ASC/050°/LA/2020 drawn by Surveyor F. A. Ogunbadejo dated August 10, 2020.
Delivering judgement on September 29, 2023, Justice Olaitan declared that the large expanse of land is fully owned by the Oloja of Epe, Oba Kamoru Animashaun, and the Awujale of Ijebu-land, Oba Sikiru Adetona.
The decision of Justice Olaitan is coming after eight years of legal tussling between Professor Sulaiman Owolabi Talabi, Chief Olayiwola Alade Oladunjoye and Chief Wale Mogaji who sued for themselves and on behalf of the Iposu Chieftaincy Family as a defendant in the suit number EPD/131LMW/2016 against the counter claimants who are Mr Bayo Rasaq, Mr Ahmed Rasaq, the Oloja of Epe, the Awujale of Ijebu Land, and Rivebond Nigeria Limited.
The judge who ruled that the defendants failed to tender the survey plan used in the Supreme Court case upon which the judgement was based, noted that if the defendants had done that, in giving judgment to the counterclaimants in this case, she would have directed that the extent of the land covered by the survey plan in Solomon v Solomon be removed from Ijebu land (i.e. from Exhibit FOA 2) for the benefit of the defendants since the matter was a judgement upheld by the Supreme Court.
According to Justice Olaitan, “I will also have taken the same position for all the Supreme Court judgements relied upon by the defendants in this case. But what do we have?
“The defendants did not present any of the survey plans used in all the judgements they relied upon. During cross-examination, DW1 could not even provide answers to all the questions asked relating to those judgements.
“In conclusion, after weighing the evidence of each of the counterclaimants and the evidence of the defendants on the imaginary scale of justice, I find on a balance of probabilities that the scale of justice tilts in favour of the counterclaimants.
“With respect to the 1st, 2nd and 4th Counterclaimants, I grant reliefs I, II, III and V. I award Five Million Naira only (N5,000,000.00) as damages under relief FV thereof. I award a cost of five million naira only (N5,000,000) against the defendants and in favour of the two counterclaimants to be shared in the ratio of 70% for the 5th counterclaimant and 30% for the 1st, 2nd and 4th counterclaimant”.
