S’Court decides 33-year land case in Iwaya community’s favour

By Innocent Anaba

Lagos—The Supreme Court has ended the tortuous journey of 33 years of litigation over a parcel of land in Iwaya, Lagos State, which has been in contention between Iwaya community and the Anglican Church.

The apex court allowed the appeal by Iwaya community, against the judgments of the Lagos State High Court and the Court of Appeal, holding that without proving its due incorporation under the law, the Church was without the legal capacity to institute an action in court.

The case started in 1984, when the Anglican Church through its Lagos Diocese, filed a suit before the Ikeja High Court, claiming ownership of a vast portion of land, situated at Iwaya area of Lagos State.

The Church was claiming under a deed, whilst members of Iwaya community claimed direct purchase from the Oloto Chieftaincy family.

In the course of trial, the Oloto Chieftaincy family joined the case as the 7th defendant.

Judgment was delivered 1998, by Justice Fatai Adeyinka (as he then was), granting the claims of the church in part and holding the defendants liable in trespass.

Dissatisfied with the judgment of the high court, the Iwaya community appealed  it to the Court of Appeal, Lagos. In a unanimous decision, the Court of Appeal dismissed the appeal, in 2002.

It was at this point that Iwaya community engaged, Ebun-Olu Adegboruwa, to file an appeal against the judgment of the court of appeal.

In the appeal to the Supreme Court, the appellants contended that the plaintiff before the trial court was an unregistered entity, which could not own land, file a case in court or be a beneficiary of the judgment of a court of law, itself having not been registered under any law.

In its judgment, the Supreme Court clarified the mode of proof of status of artificial bodies incorporated under the Companies and Allied Matters Act and also the rule of pleading.

In the lead judgment, it was held that an incorporated company or registered trustees bear the onus to prove its incorporation once same has not been conceded by the defendant.

The Supreme Court then held the judgment entered by the Lagos High Court in favour of the plaintiff and affirmed by the court of appeal as a nullify and same was accordingly set aside.

 

 

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