Court declares Adasofunjo family owner of Aiyetoro village land in Ijede

An Ikeja High Court has affirmed the ownership of Adasofunjo family to Aiyetoro Village land measuring 165.011 hectares in  Bayeku, Ijede, Ikorodu, Lagos State.

Justices Lateefat Fadekemi Oluyemi, after a thorough consideration of the case brought before her by three different parties, delivered  judgment in favour of Adasofunjo family in the matter filed by their lawyer, Mr. Aigg Gabriel Giwa-Amu, leading Mr. Monday Joseph Uleyo.

The parties who were engaged in legal dispute  for 11 years are, Prince Mojeed Ajombadi Aniyera, Prince Lateef Aniyera and Chief Adewale Ajala representing Aniyera Royal family of Ijede, on one part as claimants, while Mr. Adio Mustapha, Mr. Amuda Balogun, Mr. Ayinde Tanimowo and Mr. Amuda AkereKan representing Adasofunjo Descendant family, on the second part as Defendants.

The third party, Omotayo Ogunkalu, Felicia Ogunkalu, Festus Ogunfeyinmi, and Oluwole Ogunfeyinmi, joined by the order of the court as Defendants representing Onibore Ajibode Family of Bayeku.

They were all laying claims and counter-claims as founders and or owners of Ayetoro village relying on traditional evidence/history to buttress their claims of ownership.

Evaluating the claims and counter-claims of the parties, the judge observed that the evidence before the court is that defendants representing the Adasofunjo family on traditional history was not impeached as it remains substantially unchallenged or controverted.

“The implication in law is that the unchallenged and uncontroverted evidence of a party is deemed admitted by the adversary”, as it satisfied the three-tier guideline set out in authorities, of who founded the land, the manner of the land was founded, and the circumstances leading to it; the successive persons to whom the land thereafter devolved through unbroken chain or in such a way that there is no gap which cannot be explained.

Besides, the trial judge held that from the evidence before the court, there was nothing to show that Aiyetoro is part and parcel of Ijede.

On the contrary, the judge held that nothing was known or said or averred about Prince Aniyera whom the claimants relied on as the founder of Aiyetoro, except that he was a Prince and direct descendant of Ajede, the founder of Ijede.

“Prince Aniyera’s descendants that were allegedly settled at ‘Aiyetoro were not stated.  The genealogy and line of descendants of Prince Aniyera to the present claimants and how they became related to the said Prince Aniyera was not averred or given in evidence.

“The successive descendants of Prince Aniyera were not stated in the claimants’ amended statement of claim; descendants of Aniyera to whom the Ayetoro land thereafter devolved after the first Prince Aniyera who allegedly founded Ayetoro over 400 years ago was not stated; and as such, how the present claimants stepped into succession line remains in the realm of imagination.

Besides, the judge noted that Adasofunjo family representatives produced evidence that at least three Baales (Pa Alao, Agbeetan and Mojeed Adenifuja) are from their descent of Aiyetoro while neither Aniyera nor Ajibode had ever produced a Baale.

“These pieces of evidence are strong indices of proof of authority and invariably ownership of the Aiyetoro land by the Adasofunjo Descendant Family represented by the 1st – 4th defendants/counter claimants.

ADVERTISEMENTThe judge further held that the Adasofunjo family was able to prove that their ancestors who came from Ile-Ife founded and first settled in Aiyetoro and neither Aniyera nor Ajibode ever lived in Aiyetoro.

According to the judge, the three contesting parties gave conflicting historical evidence, stressing, “I find the historical evidence as narratwed by the 1st- 4 defendants/counter claimants convincing and conclusive…”

She further held that  admission of a Supreme Court judgment where Ajibode’s family was declared as customary tenant over Aiyetoro land put a stop to their claim of ownership, adding, “To proclaim the ninth defendant as owner of the land in dispute in respect of which the ninth defendant is appealing will be tantamount to judicial rascality.

“In the light of all I have said, I find that the claimants fail to lead cogent, concrete and credible traditional evidence in prove of their alleged ownership or title to Aiyetoro land as such the declarative relief sought by the claimants are hereby dismissed. Consequent upon that, all ancillary orders sought in their amended statement of claim are dismissed.

Commenting on the judgment, Chief Giwa-Amu described it as elucidating, thorough and real justice, while describing the judge as fearless, impartial and God-fearing, the type every judge should be.