A Lagos State High Court presided over by Honourable Justice Yetunde A. Adesanya sitting at Tafawa Balewa Square, Lagos has ruled in favour of the Agunmo community in Badagry Local Government Area of the state.
The ruling delivered on January 23, 2025 set aside the wrongful execution illegally carried out on an area measuring 46.43 hectares of the community’s ancestral land over which possession notices, posts, marks and boards were erected by Idasa Iyesi family of Ilogbo Eremi in Badagry Local Government Area of the state and further directed the removal of the said illegal notices and ordered an injunction restraining the Idasa Iyesi family from entering the said portion of land, over which the judgment of the Court in Suit No.BD/28/2012 and Appeal No CA/LAG/CV/940/2020 were sought to be executed, but where the Agunmo Community was not a party nor sued over.
According to the certified true copy of the judgment, the Idasa Iyesi family of Ilogbo Eremi in Badagry Local Government Area of the state, represented by Hon Ayo Raji, and one Mr Mulero Ogunbiyi and five others had sued the Iyesi community represented by Mr Posu Asu Govoeyi and four others in respect of a large portion of land stated to be 108. 425 hectares at Iyesi Idasa Land in Suit No.BD/28/2012. Judgment was delivered by Honourable Justice Y. A Adesanya on June 22, 2020 in favour of the Idasa Iyesi family. The defendants approached the Court of Appeal against the judgment.
The parties entered into a consent judgment at the Court of Appeal, in Appeal No CA/LAG/CV/489/2020 where it turned out to be that the area over which the said defendants were in possession was actually 58.930 hectares, which was divided and partitioned into the ratio of 32.227 hectares and 26.603 hectares between the parties, and made the consent judgment of the Court of Appeal, contrary to the allegations that the entire land was 108.425 hectares.
On January 31 2023, the judgment creditors in the above Suit BD/28/2012 and Appeal No.CA/LAG/CV/489/2020 in their efforts to claim the other part of the judgment of the High Court of Lagos State, went to Agunmo Community which was not sued, and not party to either the suit or the appeal, with several buses filled with officers of Nigerian police armed with guns and land grabbers to levy execution on the a portion of Agunmo land measuring 46.43 hectares from the boundary of Iyesi town, to the centre of Agunmo town where there is the popular Agunmo market marking several houses and erecting bill boards and possession notices.
The Agunmo Community, led to Chief Job Ogunbiyi, through their Counsel, Mr Peters Oladipo Agboola Esq., filed an application dated November 10, 2023 praying the court to set aside the execution that was illegally levied on his client’s land on the ground that the said Interveners/ Applicants, who are Agunmo Community, are distinct and separate and were not parties to any suit involving the Idasa Iyesi family at the High Court or the Court of Appeal.
Counsel to the Judgment Creditors, Mr Ola Sobowale Esq., urged the court to dismiss the application on the ground that the judgment was executed on the land covered by the judgment and did not get into Agunmo Land.
In a considered ruling spanning 34 pages, the learned Honourable Justice Yetunde A. Adesanya, granted the reliefs of the Agunmo Community, and granted leave to apply to set aside the writ or warrant of execution, writ or warrant of possession/attachment including all processes ordered by the court including the possession notices, posts or marks in respect of the areas which was covered by the judgment, and those not covered by the judgment, over which the Agunmo community is in exclusive possession, since they were not sued and not parties to the suit and the judgement, set aside the execution, ordered the removal of the possession notices and granted a cease and desist order and injunction restraining the Iyesi Idasa community from trespassing into any portion of Agunmo Community land.
The judge however refused the reliefs for damages claimed by the Interveners/ Applicants.
In conclusion, Justice Adesanya ruled: “The Applicants/Interveners are in occupation of the land upon which possession notices were pasted and execution sought to be levied, and they were not parties to this Suit No. BD/28/2012. The Judgment Creditors/Respondents will therefore need to institute a separate suit against the Applicants/Interveners for either the enforcement of the Judgment or a determination of title as between them and the Applicants/Interveners.
“On the totality of the foregoing, the application succeeds in part. Prayers 1-10 are granted as prayed. Prayers 11, 12 and 13 on damages are refused.”
With the ruling, peace has returned to the Agunmo community who was not a party to the suit, whose judgment was sought to be executed upon it.
