LAND TUSSLE: LOCAL GOVT, FAMILIES AGREE TO TERMS, SETTLE OUT OF COURT

IKEJA, Lagos, Nigeria – For the first time in months, representatives of Oshodi-Isolo Local government area and those of Mafoluku, Oloro, Ogunoloko and Ndazura families walked out of a Lagos High Court, sitting in Ikeja, happy with one another after agreeing to terms of out of court settlement in a landed dispute between the families and the local government.

Cited as ID/6468/FHR/2018, the matter was filed before Justice Idowu Taiwo by Mufutau Abayomi, Musibau Aregbe, Rafiu Alade Abayomi and Alhaji Wasiu Iyanda Aregbe(applicants) for themselves and thier families seeking an enforcement of their fundamental rights to own immovable property and a constitutional guarantee against arbitrary expropriation of their private property.

Hon Idris Bolaji Muse Ariyo, chairman of the local government is the first respondent while Oshodi-Isolo Local Government Area is second respondent, while the property in question is the parcel of land at Mafoluku, Oshodi, measuring approximately 4816.551 square meters deleanated on survey plan No. TAR/2782/049/2017/LA dated November 23, 2017.

At the hearing today, all the applicants were present while Hon Idris Bolaji Muse Ariyo represented himself and the local government as respondents. Counsel to the respondents, Mr. Lere Oyedepo told the court that the matter of the day was report of settlement and for the first respondent(Hon Idris Bolaji Muse Ariyo) to identify his signature, noting that he is happy to report that the first respondent is in court.

On his part, counsel to the applicants, T. A Molajo(SAN) affirmed the matter before the court and that the terms of settlement are subject to confirmation by the respondents and moved that her lordship, Justice Idowu Taiwo should enter judgement on the matter.

While both respondents and applicants are on their feet, Justice Yemisi Idowu, inquired if they agree to the terms of the settlement and that the terms are binding if they do. Their answer was in the affirmative, after which she entered judgement that parties agree to terms of settlemeent entered by parties on the 8th of May 2018 with judgement entered on the 22nd of May, 2018.

The terms of settlements are: “Respondents acknowledge the rights and title of applicants to the parcel of land situate and lying and being at Ogunoloko Road by Dosumu Street by Taiwo Close, Mafoluku, Oshodi, measuring an area of approximately 4816.551 square metres more particularly dilineated on Survey Plan No. TAR/2782/049/2017/LA dated 23rd November 2017 prepared by Raheem, T.A, Registered Surveyor and on Layout Plan No. SEW/W/661P dated 8th November 1975 prepared by M. A Seweje, Licenced Surveyor.

“Respondents agree and do hereby undertake to respect the rights and title of the applicants on the parcel of land referred to in paragraphs 1 and 3 above and the respondents further undertake not to embark on, commence or continue any act which may interfere in any manner whatsoever with the said rights and title of the applicants to the peaceable enjoyment by the applicants, their agents, servants , attorneys, privies or assigns of the applicants’ rights and title to the land aforesaid. The terms of setlement herein shall be in full and final satisfaction of this action. These terms of settlement shall be made the judgement of the court in this suit, ID/6468/FHR/2018”.