A Lagos High Court has granted the Oni-Orisan family of Epe,Lagos, the order to recover possession of its land which was hitherto allegedly encroached by China Harbour Company Limited.
The judge, Hon. Justice I.O. Harrison had ruled that the claimants, Mr. Sikiru Oni-Orisan, Alhaja Kuburat Oni-Orisan Jenrade,Chief Olawale Ademola Oni-Orisan, Alhaja Shakirat Alabi and other members of the Oni-Orisan family, could recover their land known as Oju Ota, Oko Orisan Farm Land and use for whatever purpose they deem fit.
She noted that the defendant, China Harbour Company, had no moral justification to claim the disputed land.
According to the judge, the court finds that the claimants have complied with the requirements of Order 53 of High Court Rules 2004, and have shown that the defendant is in occupation without the licence or consent of the claimant and there is no known legal relationship between the claimants and the defendant.
She said: “The court finds that the claimant has also complied with the provisions of Order 53 Rule 2 and 3 of High Court Rules 2004 and should thus be entitled to its claim.The court finds that the claimants from the affidavits and exhibits attached have satisfied the laid down criteria in Order 53 of the High Court Rules 2004 and once there is full compliance the court is enjoined to grant the order for possession.
“The defendant is not a tenant of the claimants. The defendant is not a licensee of the owner or person entitled. The defendant is not a person who has the consent of the predecessor in title of the person who is entitled to possession.”
The claimant, the Oni-Orisan family, noted that part of the land known as Oko-Orisan is bounded on the east by Oshodi family land, on the west by Mejona and Mako. It claimed the defendant was in occupation of a portion of the land, Oju-Ota bounded by Ibeju-Lekki express-way on the east, proposed road on the west, Mako on the north and proposed road on the south without the family authority, approval or consent.
The family noted that an originating summons was duly effected and served to Engineer Huang Jiang at the company premises situated at Oju-Ota, Oko-Orisan Lekki-Epe Express-way, Lagos State, but the defendant failed to show up in court.
Speaking to reporters, Head of the Oni-Orisan family, Chief Mrs Modupe Olayimika Oni-Orisan Damazio, said with court judgement in their favour, the family has been vindicated and is poised on taking over the landed and ensure infrastructural development of the area by constructing schools, healthcare facilities, among other social amenities on over 15 hectares of land.
She urged others with landed properties to utilise them for social development and improve the nation’s economy instead of allowing them to lie fallow.