The courtroom symbolizes justice in land ownership disputes.
The Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie in a land dispute against the Olumegbon family. The court ruled in favor of Dr. Obagie, affirming her ownership over the contested land at Addo Road, Ajah, while dismissing the claimants’ stance. The ruling also included a perpetual injunction preventing further trespass by the claimants, highlighting the importance of proper documentation in land ownership disputes in Lagos.
The Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie, a medical doctor and lawyer based in the United States, in a land ownership dispute involving the Olumegbon family of Ajah. The judgment, delivered by Justice Olubukola Aigbkhaevbo, concluded a legal case that lasted for several years and clarified the rightful ownership of a property located at No. 29, Addo Road, Eric Estate, Ajah, within the Eti-Osa Local Government Area of Lagos State.
The dispute centered around a plot of land measuring approximately 2,237.497 square meters. The claimants, Ibrahim Lawal Olumegbon and Abdulfattah Machardo, argued that the land was part of their ancestral estate and contested Dr. Obagie’s ownership. Conversely, Dr. Obagie maintained she had valid titles to the land, which she acquired through legal documentation, and had been in long-standing possession of the property since 1998.
The court found that Dr. Obagie had demonstrated her ownership through a Deed of Assignment executed on 6th May 2011, which confirmed her acquisition of the land from Mr. Eric Rhima. Furthermore, the evidence showed she originally purchased the property sometime between 1984 and 1995, with a deliberate and documented transfer. A witness from the Ojupon and Ogunsemo families confirmed being present during the execution of the deed, bolstering her claim.
The High Court dismissed the claimants’ requests for a declaration of ownership over the land and the nullification of Dr. Obagie’s title. The court also rejected her claim for N5 million in special damages for structures demolished by the claimants, citing insufficient evidence to substantiate this amount.
However, the court upheld her rights to the property and awarded N4 million as general damages for trespass. An additional N1.5 million was awarded to cover her litigation costs. The court declared that the actions taken by the claimants on November 28, 2012, which included destroying fences, gates, and a three-bedroom apartment on the property, were unlawful and amounted to trespass and illegal activity.
A perpetual injunction was issued to prevent the claimants from any further trespassing or unlawful activities on the disputed land. This legal order aims to protect Dr. Obagie’s ownership rights and preserve her peaceful possession of the property.
The court also examined Dr. Obagie’s counter-claims, three of which were dismissed for being vague and lacking clarity. The legal proceedings highlighted the importance of document verification in land ownership disputes, especially in Lagos State where such conflicts are common.
While Dr. Obagie had been in peaceful possession of the property since 1998, she chose not to pursue criminal charges against the claimants, citing her return to the United States and other reasons. Nonetheless, the ruling underlines the ongoing challenges faced by property owners facing land disputes in Lagos, a state known for its complex land tenure and property rights issues.
Land disputes remain a significant challenge in Lagos State, stemming from historical claims, inheritance issues, and administrative ambiguities. Cases like this one exemplify the legal battles that property owners often face and highlight the necessity for clear documentation and legal due process to establish ownership rights in Nigeria’s fast-growing urban environment.
The Lagos State High Court’s decision reinforces the importance of legal proof and proper documentation in land conflict cases, providing a legal precedent for similar disputes in the future.
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