The Obaloogun of Igoba land in Akure North Local Government area of Ondo state, Oba Adinlewa Adeniyi has said that the controversial land issue between him (Obaloogun) the Appellant and Mr Peter Akomolafe, with other members of his team( Respondents) has been finally settled by the Appeal court of Nigeria sitting in Akure,the Ondo state capital.
The monarch ( Obaloogun) emphasized that, the case was laid to rest and he has been declared the rightful owner of the land at Aleo and Imolumo by the Justices of the Appeal court.
The case which was brought before the Lordships and delivered by them :
Justice Oyebisi F. Omoleye
Justice Hadiza Rabiu Shagari and
Justice Fadaru Umaru
Justice Fadaru Umaru, ruled as follows
The appeal case with no CA/AK/18/2021 was held on Friday,25th , April,2025 that the Judgement in suit No Ak/384/2012( Exhibits E-E18) declared that the claimants are not the sole owners of the land at Aleo and Imolumo,which is the subject matter of this Appeal and that Mrs Moji Adelana being a member of the Elemo family is also entitled to the land
The judgment reads further ” Lastly the decision in suit No Ak/384/2012( Exhibits E-E18) had finally decided the issues between the parties. The judgment is against the Respondent and his privies. The Respondent in this Appeal is the 4th claimants in the suit.
” I am of the firm view the trial court lacks the right in law to grant reliefs e,f, and h because the olea of Estoppel per Res Judicata pleased and Srelied upon by the Appellants during trial at the trial court. The sole issue for determination is therefore resolved in favour of the Appellants and against the Respondent, For all these, I resolve the sole issue for determination in Favour of the Appellants,their meritorious appeal is allowed and reliefs e,f,and h granted in the judgment of the trial court are set aside. The sum of #400,000 is assessed as costs of this Appeal and the same is awarded in favour of the Appellants to be paid by the Respondent.
Meanwhile, the trial court had earlier ruled with Exhibit E-E18 in suit No Ak/384/2012 delivered on 1st November 2016 which was later nullified.
According to the Judgement ruled at the Appeal court, Justice Oyebisi Folayemi Omoleye,JCA, said as follows
” I have read the draft of the lead judgement delivered by my leaned brother , Fadaru Umaru JCA, I find the resolution of the sole issue on which the Appeal was determined in favour of the Respondent sound in law indeed ,I have no reason to differ. I also find merits in the Appeal. I also allow the appeal and set aside reliefs (e) (f) and ( h) granted by the court. I abide by the other consequential orders made in the lead judgement.
Also in appeal No : CA/AK/ 18/2021 signed by Hadiza Rabiu Shagari JCA said
” I have read the draft judgment just delivered by my leaned brother Fadaru Umaru JCA I find the reasoning and conclusion in favour of the Appellants as sound.
I agree that the sole issue for determination is resolved in favour of the Appellant against the Respondent. I also hold that the appeal succeed and the judgment of the lower Court as in relief e, f, and h is set aside.
