Family wins plank market property case after 11-yr legal battle
By Onozure dania
Lagos—The Isiba family has been declared rightful owners of the Plank Market, Tadeyo Shobanke Street in Mushin, area of Lagos after 11 years legal battle. The family at the weekend pulled down all structures on the four plots of land. The demolition was sequel to the family’s victory against the Fajemisin family at the High and Appeal Courts in suit No ID/112M/2006. The Isiba family represented by Kamila Isiba, Olatunbosun Isiba and Ligali Isiba had dragged Mrs. Deola Ojo (nee Fajemisin) and Richard Fajemisin to court over unlawful possession of a portion of land belonging to their progenitor, Oteniya family.
They had asked the court for a declaration that the defendants who are not purchasers, of any piece or parcel of land from the claimants family have no authority or right to go into possession of any part of the land shown in survey plan No CW/678/61 drawn by Adekunle Coker on 27 of November 1961, which is the subject matter of suit No SC/624/64 Isiba Vs Hanson, for which judgment was delivered on January 11, 1967.
In his judgement Justice L. B. Lawal-Akapo in resolving issues in favour of they said that the claimants have duly established their title by traditional evidence and act of long possession.
Dissatisfied with the judgment the defendants approached the court of Appeal to appeal the judgment. But the Appeal court upheld the judgment of the lower court. Justice Joseph Shagbaor Ikyegh, affirmed the judgment of Justice Lawal- Akapo and dismissed the appeal of the defendants. Justice Ikyegh said “ This appeal fails for being unmeritorious and is hereby dismissed and the decision of the court below (Lawal -Akapo, J) is accordingly affirmed with N200,000 costs against the appellants in favour of the respondents.”
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