Tinubu’s family battles Okhumaile, others over Lagos property
In a suit, marked: ID/705/2013, and filed at the Ikeja division of the Lagos High Court presided by Justice Ganiyu Safari, the family is seeking a declaration that the parcel or piece of land lying and being situate at N0 21 Adeshiyan Street, Ilupeju, Lagos form part of the land known as Ewe Agbigbo land and covered by the survey plan 1912 drawn by late Herbert Macaulay.
The suit had Alfa Mojeed Ibrahim, Alfa Ganiyu Akinbomi Ojubanire, Tajudeen Olalaken Ademoye Tinubu and Tajudeen Ademola Toriola suing for themselves and as representative of Iyalode Efrunroye Tinubu family as claimants, while Emmanuel Okhumaile, Estate of Ali Alagbede Allen and Persons unknown were named as defendants.
Also named, as the 5th claimant is Rasheed Popoola Kukumi, who sued for himself and on behalf of Popoola Kukumi Family.The first to 4th claimants in the suit are seeking a declaration that the property belonged to their family and as such the 5th claimant is entitled to the statutory rights of occupancy in respect of the said land.
They also sought an order for possession of the land as well as a perpetual injunction restraining the defendants, their servants, agents and privies or otherwise howsoever from entering and trespassing into the land
In their statement of claims, the claimants alleged that the land in dispute forms a portion of Ewe Agbibgo land originally leased under native law and Custom to Pa-Lawani Kukumi, who hailed from Egba Owode in Ogun state to erect his abode by the then head of Tinubu family, Pa Sadiku Ola, who hailed from Ojo branch of Tinubu Family in 1945.
According to them, Late Iyalode Efrunroye Tinubu had in 1834 bought a vast area of land, which later derived its name from an old village site known as Ewe Agbigbo and other portions of land from Oloto Chieftaincy family, who was originally the owner of the land from time immemorial.
Late Tinubu, they stated bought the said vast area of land for the sustenance of her numerous slaves, domestic servants and family members, who were living with her.
But in their defence and counter claims, the defendants stated that the property neither belong to the 1-4th claimants’ ancestors nor to them, and such they are not required to make the indenture dated march 26, 1971 registered as N0 99 at page 79 in volume 1349 to be valid.
The said document, they said enjoys presumption of validity as it stands to proofs the title of Madam Sabitiyu Ajoke Adebohum to the disputed property.
They also averred that the property was a vacant land when it was sold to madam Sabitiyu Ajoke Adebohium and there was no time grass house with bamboo trees were ever built on the property by purported Pa Lawani Kukumi and that the approved building plan was drawn long before the commencement of the suit.
The defendants also argued that the judgment relied upon by the claimant was not in respect of the 3 defendants property.They also stated that the property did not form part of madam Tinubu property and that the purported ratification of the 3rd defendant’s property to a total stranger was invalid.
The defendants further stated that the 5th claimant is not the owner of the property, which has been registered since 1973.
Meanwhile, the court has fixed December 8, 2016 to determine whether it will stay proceedings or continue on the matter pending an appeal against the decision of the court.
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