News Summary
A Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie following a land ownership dispute. The court upheld her title to property at No. 29, Addo Road, after dismissing claims by the Olumegbon family. The decision reinforces the importance of legal documentation in ownership conflicts, and the court’s ruling included a perpetual injunction against future trespass.
Lagos – A Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie, a medical doctor and lawyer based in the United States, following a land ownership dispute. The ruling, delivered by Justice Olubukola Aigbkhaevbo, affirmed Dr. Obagie’s title to a property located at No. 29, Addo Road, Eric Estate, Ajah, in the Eti-Osa Local Government Area of Lagos State.
The court’s decision stems from a lawsuit identified as suit No. LD/39/2013, which involved claims made by members of the Olumegbon family, specifically Ibrahim Lawal Olumegbon and Abdulfattah Machardo. They contended that the disputed land, measuring approximately 2,237.497 square meters, was part of their ancestral estate and sought various declarations, including the nullification of Dr. Obagie’s title and damages for alleged trespass.
However, the court ruled in favor of Dr. Obagie, upholding her ownership based on substantial evidence that demonstrated her long-standing possession of the property. The court noted that the land had been duly assigned to her through a Deed of Assignment dated May 6, 2011. Dr. Obagie provided documentation showing that she had purchased the land from Mr. Eric Rhima between 1984 and 1995, with a deed of assignment executed in 1995 and the later assignment in 2011 supported by testimony from an associated family member.
In its judgment, the court dismissed the claims made by the Olumegbon family, stating that the request for a declaration of ownership, along with the appeal for damages due to Dr. Obagie’s alleged trespass, was unfounded. Furthermore, the court observed that the actions taken by the claimants on November 28, 2012, which included demolishing Dr. Obagie’s fence, gate, and a three-bedroom apartment, constituted trespass and were deemed illegal.
The court awarded Dr. Obagie N4 million as general damages for the trespass and an additional N1.5 million to cover her litigation costs. Although Dr. Obagie sought N5 million in special damages for the destruction of her property, the court denied this request due to insufficient evidence that qualified for such damages, citing the necessity for verifiable evidence as established in prior cases.
The court’s ruling also included a perpetual injunction against the claimants, preventing them from any future trespass on the property. It is worth noting that three of Dr. Obagie’s counterclaims were dismissed by the court due to their vague nature. Dr. Obagie’s legal representation indicated that she has been in peaceful possession of the disputed property since 1998, although she did not file a criminal complaint against the claimants when the damaging incident occurred, as she had returned to the United States.
This case highlights ongoing challenges related to land disputes and ownership conflicts in Lagos State, a matter that has generated increasing attention as urbanization intensifies and land ownership tensions escalate. The ruling serves not only to reinforce Dr. Obagie’s rights over her property but also to underline the importance of legal documentation and evidence in land ownership disputes.
Overall, the court’s decision stands as a significant precedent in addressing land ownership issues in the region, reflecting the necessity for individuals to secure and maintain legal claims to avoid potential conflicts.
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Additional Resources
- Punch: US-based doctor wins N5.5m in Lagos land dispute
- Google Search: Lagos land dispute
- ThisDay Live: Civil society groups protest in Lagos over land dispute
- Encyclopedia Britannica: Land dispute
- Punch: Caught in the crossfire of land dispute
- Google News: Land dispute Lagos
