By Timothy Agbor, Osogbo
Justice Oyebola Adepele Ojo of an Osun state High Court has quashed a land ownership title charge instituted by two siblings of same parents- Alhaji Ahmed Lasisi Akanni, and Mr. Kazeem Lasisi Akanni against one Chief Tunde Oluajo over error in the certificate of occupancy presented to the court by the plaintiffs.
Everyone- clerks, officials and judge- present at the court sitting in Osogbo were surprised during the hearing when the plaintiffs presented the C of O which has 1.877 hectares of land in contrast to the three acres of land that was before the court.
In the suit number- HOS/38/2008, the plaintiffs were said to have been claiming a 3 acre of land situated at Oluajo area in kelebe Osogbo but furnished the court with a varying size of the land.
The plaintiffs who claimed ownership to the three acre of land were praying the court to retrieve the said land from the defendant and should be awarded to them.
But the counsel to the defendant, Barrister Olaide Abiodun had claimed that his client was the rightful owner of the land asking the court to dismiss the case.
Delivering judgement on the seven year litigation on Tuesday, 22nd December, 2015 Justice Ojo nullified the argument of the plaintiffs who were represented by Barrister Ibukun Adeniran on the grounds that the certificate of occupancy presented by the plaintiff reflected more than three acres of land.
Justice Ojo held that: “If not for fraud, there is gross misrepresentation in the certificate of occupancy presented by the plaintiffs, as 1.877 hectares of land can not be equivalent to three acres of land”.
The Chief Judge also noted that as an inheritance under custom law, the defendant can not solely claim the title of the land.
She therefore dismissed the prayers of both parties in the suit on basis of error and misrepresentation in documents presented as evidence.