Court Grants N5.5 Million to Doctor in Land Dispute

News Summary

The Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie, following a ruling in her favor against the Olumegbon family over land ownership. The court concluded that Dr. Obagie proved her title and long-term possession of property in Ajah. The ruling dismissed claims from the Olumegbon family, confirming Dr. Obagie’s rights to the land based on substantial evidence. This case highlights the complexities of land ownership disputes in Lagos State, emphasizing the importance of documentation and clear evidence.

Lagos – The Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie, a US-based medical doctor and lawyer, following a land ownership dispute against the Olumegbon family of Ajah. The ruling, delivered by Justice Olubukola Aigbkhaevbo, concluded that Dr. Obagie proved her title and long-term possession of property located at No. 29, Addo Road, Eric Estate, Ajah, within the Eti-Osa Local Government Area of Lagos State.

The case, registered as suit No. LD/39/2013, centers on a disputed land parcel measuring approximately 2,237.497 square meters. The claimants included Ibrahim Lawal Olumegbon and Abdulfattah Machardo, who contended that the land was part of their ancestral estate. Despite these claims, the court ruled in favor of Dr. Obagie, dismissing the claimants’ requests for ownership declarations, nullification of her title, and damages for alleged trespass.

In the judgment, the court awarded N4 million as general damages for trespass and N1.5 million as litigation costs. The claimants had alleged that Dr. Obagie’s title documents were invalid, but the court upheld her ownership based on substantial evidence. Dr. Obagie demonstrated that she purchased the land from Mr. Eric Rhima between 1984 and 1995, with the deed of assignment executed in 1995 and confirmed in a subsequent assignment in 2011.

Testimony provided during the trial included evidence from a member of the Ojupon and Ogunsemo family, who confirmed being present during the execution of the deed of assignment in favor of Dr. Obagie. The court’s ruling indicated that the actions of the claimants on November 28, 2012, which included the destruction of Dr. Obagie’s fence, gate, and a three-bedroom apartment, amounted to trespass and illegality.

Additionally, the court issued a perpetual injunction restraining the claimants from engaging in any further trespass on the property. However, Dr. Obagie’s request for N5 million in special damages for the demolished structures was denied, as her case lacked sufficient evidence to support this claim. The court cited previous cases to emphasize the necessity for verifiable evidence in special damages claims. Furthermore, three of Dr. Obagie’s counterclaims were dismissed by the court as they were considered vague.

The attorney representing Dr. Obagie indicated that she has continuously occupied the property since 1998. It was noted during the proceedings that Dr. Obagie had not pursued a criminal complaint against the claimants due to her residence in the United States. This case reflects a broader issue of land disputes and ownership conflicts, which are rampant within Lagos State.

Land ownership disputes in Lagos have become increasingly prevalent, often leading to lengthy legal battles. Such conflicts underscore the complexities of property rights in the area, where various claims can arise from historical, familial, and legal documents. The resolution of Dr. Obagie’s case highlights the essential role of documentation and clear evidence in determining land ownership in the region.

As land disputes continue to affect many residents in Lagos, this ruling may serve as a critical precedent for future cases, emphasizing the importance of thorough ownership records and legal validations in resolving property conflicts.

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• 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