The Family of Efunloye Tinubu has takes over property’s at Akobi Crescent, Surulere after legal tussle that lasted for three years before justice was granted to the Family.
A retired colonel, Tunde Oyedele had challenge the family members in a suit number, M/294/2010 asking court to declare him sole administrator of a land measuring 8.994 acres located at Akobi Crescent, off Fashoro Lane, Surulere.
After the judgement of the state High Court delivered in 2013, Colonel Oyedele didn’t appeal the judgement within the stipulated time require by law.
The development which makes the family to take possession of over fifty houses erected on the land as part of the 8.994 acres having not challenge the judgement.
The possession which was coordinate by Ikeja Court Sheriff, with the effort of the Nigeria Police followed strictly rules of engagement.
The Police from Area C, DPO Alakara Division mobilize their men in ensuring that the judgement possession was carried out peaceful.
Colonel Tunde Oyedele, in his evidence before the court by way of two depositions dated 23/06/11 and 11/07/11 which he adopted as his evidence in chief and are marked as Exhibits 1 and 2 respectively.
His testimony is that he is the owner of the vast area of land measuring 8.994 acres lying at Akobi Crescent, Off Fashoro Lane, Surulere in the Surulere Local Government Area of Lagos State which is covered by a Deed of Conveyance dated 03/02/1976 and registered as NO: 98 at page 98 in Volume 2263 at the Lands Registry Lagos.
That he purchased the subject matter from the late Madam lyalode Tinubu Family through one Garuba Bakare of Agbole Tinubu, Ojokodo, Abeokuta who acted for and on behalf of the vendor family.
That the subject matter formed a part of the land which originally belonged to late Madam lyalode Tinubu from time immemorial under the Yoruba native law and custom.
That she enjoyed undisputed possession of the land and exercised undisputed ownership thereon.
He further states that at all times material to the death of his vendor, and thereafter, Garuba Bakare was the Head of the Tinubu Family.
That upon the demise of Madam Iyalode Tinubu the appointment of Garuba Bakare as the Head of the Tinubu Family affirmed by the Supreme Court in Suit NO: M/35/1955.
That Garuba Bakare was appointed as the sole administrator of the Estate of the late Madam Iyalode Tinubu until new trustees were appointed.
That the Supreme Court judgement was subsequently re-affirmed by an order of the High Court of Lagos made on 03/08/1965 in Suit NO: M/3/1965 wherein Garuba Bakare was appointed the Head of the Tinubu Family and seven other persons made trustees over the estate of the late Madam lyalode Tinubu.
However in his ruling, Justice Atinuke Ipaye of a Lagos High Court in Ikeja dismissed the claimants arguement
“I am satisfied that the counter-claimants have established their clear and exclusive possession of the subject property as shown on Exhibits 21(a) (g), 29, and 30.
Under cross examination, since Colonel Tunde Oyedele allegedly purchased the subject matter in 1967, he did not erect any dwelling house or other structure on it, he also admitted that he has never alienated, sold or leased any portion of it to third parties.
That no street on the large expanse of land has been named after him. Equally, he was unable to state how much he alleged spent in his construction of the perimeter fence he allegedly constructed round the almost 9 acres of land.
He was unable to bring forward the builder of the said fence or show receipts of evidencing purchase of building materials for such an extensive construction.
Equally he was unable to mention the name and or whereabouts of the persons he allegedly placed on the land to weed same.
All this tend to show that at no material time was the defendant to counterclaim ever in possession of the said subject property and I so hold.
I believe the testimony of DW1 and DW 2, which I find credible that they are members of the Tinubu Family and have remained in possession of same from time immemorial.
The court hereby declare the sale of 8.998 acres of land by Garuba Bakare to the claimant, (Colonel Tunde Oyedele) as evidence by the Deed of Conveyance dated 3rd of February 1976 as invalid null and void.
Also the deed of conveyance dated 03/02/76 registered as NO: 98 at page 98 in volume 2263 is hereby been REVOKED.
Lastly the court hereby award the sum of one hundred thousand naira to the defendant as general damages for the claimant’s unlawful invasion and trespass to the defendant land in Idi Oro, Surulere, Lagos.
