Ibadan: Justice Oyeyemi Ajayi of the Oyo State High Court in Ibadan has awarded N100m damages against the Nigerian Army, and 2 Division, Ibadan, for illegally acquiring part of the Ajigbotosho family land at Alagbade village.
In suit No. I/642/2018, the claimants, representatives of all who purchased parcels of land from the Ajigbotosho family, instituted an action against the Chief of Army Staff and the General Officer Commanding 2 Division, Ibadan.
Other defendants are: Garrison Commander, Nigeria Army Garrison, Odogbo, Ibadan; Commandant, 42 Mechanised Engineers, Col. Yunusa Yusuf; and other unknown trespassers.
The claimants had also sought an injunction restraining the defendants from further trespass on the land.
Delivering judgment on Monday, Ajayi resolved all the issues in favour of the claimants, who are all civilians and representatives of all who purchased parcels of land from the family in the area.
He said, “Ajigbotosho family layout at Alagbede Village, Ibadan, is contained in layout No RAK/ MISC/637 as prepared by Surveyor R. A. Kadiri, as used in the dispute survey No. OY/297/2006/DS05
“The survey, which was jointly prepared by Surveyor A. A. Adeyemi, dated April 13, 2006, was not within the Army-acquired land at Odogbo Barracks, Ibadan, and is granted.
“The defendants, their servants, agents, privies, or anybody through them are hereby restrained from further trespassing on the claimants’ land at Ajigbotosho family layout, Alagbede, Ibadan.
“This court hereby grants N100 million as general damage against the defendants,”Ajayi said.
The claimants represented by their Counsel, Mr Abioye Oloyede-Asanke (SAN), are: Pastor Alex Adio, Pastor Tunde Taiwo, and Mr Tunde Akinlolu, as representatives of all who purchased land from the Ajigbotosho family at Alagbede Layout, Ibadan.
Earlier, the first to fourth defendants had filed a notice of preliminary objection that the case was pending in another court.
However, Ajayi dismissed the preliminary objection and held that the subject matter was not the same.
