BENIN CITY- An Edo State High Court Sitting in Benin City has declared Ulegun Dukedom the authentic and rightful owner of the parcel of land measuring 224.45 hectares, situated in Ulegun Village along Benin-Abraka Road in Ikpoba-Okha Local Government Area of Edo State.
The Court while granting all the reliefs sought by the claimants made an order of perpetual injunction, restraining the defendants, their allies, servants, relations, subjects or any person whatsoever from entry, selling, or erecting building or doing anything whatsoever on the land other than Ulegun Village.
The Parties in the Suit No: 312/B/2004 are HRH Eghosasere Sunday Omoregie ( Enogie of Ulegun Dukedom), Elder William Aigbe ( Ihama of Ulegun Dukedom), Mr. Valentine Iroghaman Osiobafo who acted for themselves and on behalf of Ulegun Dukedom.
While the defendants were the Enogie of Ukhiri Osemwende, HRH. Osayande Godwin Aigbe, Mr. Adam Aigbe, Mr. Ugiagbe Osayamen for themselves and on behalf of. Ukhiri Osemwende Dukedom.
Delivering her judgment which lasted for about two hours, Justice Esther Amenaghawon Edigin said: “Judgment is hereby entered in favour of the claimants (Ulegun Dukedom) and against the defendants ( Ukhiri Osemwende Dukedom).
“The claimants are entitled to the declaration of title and it is hereby declared that they are the owners of that whole parcel of land measuring 224. 45 Hectares lying and situated at Ulegun Village in the Benin-Abraka Road, Ikpoba-Okha Local Government Area of Edo State.
“Any sales by the defendants on the land is hereby nullified. The defendants, their agents, servants are perpetually restrained from selling, erecting building or doing anything on the land.
“And a damage of N2.5 million is hereby awarded against the defendants and in favour of the claimants”, the court ruled.
Justice Edigin who averred that the court does not have jurisdiction to sit on appeal over the ruling of the Supreme court, maintained that it would amount to judicial rascality and also dismissed the counter claims of the defendants.
The claimants had on May 25, 2004 approached the court to seek amongst others a declaration as the owners of the land.
Also, a declaration that the act of the defendants entry, selling off, building or doing anything whatsoever on the land amounted to the violation of the ruling against the defendants, Ukhiri Osemwende Village in Suit No: 268/B/76 that was upheld by the Supreme court in Suit No: SC/178/1993 and that such act amounted to trespass.
Reacting to the judgment, Counsel to the claimants, Barr. Anderson Uwadiae Asemota while commending the judge for what he described as a well considered judgement said the legal victory was not for the claimants alone but also for lovers of justice.
In their separate remarks, HRH. Eghosasere and Elder William commended the decision of the court, disclosing that the dispute had spanned over 40 years.
It would be recalled that the trial court, Appeal Court and supreme Court had earlier ruled in favour of the claimants, but the defendants contended amongst others that the claimants did not seek for relief of declaration of title, hence the claimants approached the court to seek for declaration of title among others.
