Court returns dead lawyer’s land
Jibola Olanipekun,
who died seven years ago, regained 20 acres of land yesterday through
the order of an Oyo State High Court. Mr Olanipekun was murdered in his
Ibadan residence on June 20, 2003 and there is still no clue regarding
who might have been the perpetrators.
He had acquired the
piece of land at Podo area of Ibadan and been duly issued a Certificate
of Occupancy by the then military government of Oyo State. According to
available records, the Certificate of Occupancy was dated August 11,
1988, and was issued through the Lands Registry, Ibadan.
But, Khadijat
Olanipekun, the deceased’s widow, in the statements of claims filed in
court, alleged that a former governor of the state, Lam Adesina,
approved another Certificate of Occupancy in respect of the same parcel
of land, in favour of his wife Modupe Adeola Sarat Adesina.
The ‘C of O’ was processed in file LUD 75/7c, dated May 28, 2001, which was relied on to encroach on the disputed land then.
The widow said the
former governor and Deed Registrar, Lands Registry, Ministry of Lands,
Oyo State, who are the second and third respondents in the suit,
‘failed or refused to correct the wrong deliberately made’ despite
series of protests.
Speaking through
Agboola Olaleye, her lawyer, Mrs Olanipekun prayed the court to issue
against Sarat Adesina, her husband (Mr Adesina) and the Ministry of
Lands the following: “A declaration that the purported grant of
certificate of occupancy dated 28 May, 2001 N0. 41, page 41, Volume
3390 of the Register of Deeds to the first defendant (Modupe Sarat) is
invalid, ineffective, made malafide without regard and or due regard to
the principles of natural justice and is therefore null and void and of
no effect; an order setting aside the Certificate of Occupancy dated 28
May, 2001; and an order that the Certificate of Occupancy dated 11 May,
1988 is viable and subsisting”.
Mrs Adesina’s lawyer, G.F. Ido, who also represented the then Commissioner for Justice,
Bayo Lawal, had
pleaded the court to get the judgment arrested, but the presiding
judge, Segun Olagunju, said, “It is too late in the day to arrest the
judgment.”
The court, instead,
granted all the plaintiff’s prayers, arguing that it was the business
of the defendants to file their statements of defence while the matter
lasted.
He told them to go
to the Appeal Court if they had anything against the judgment. Instead
of the N5, 000 the plaintiff’s counsel asked from the court as cost,
the judge awarded N2, 500 each against the defendant, and in favour of
the plaintiff.
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