Efunroye Tinubu Family Takes Possession Of Land With 50 Houses In Surulere

Eight years after it recorded a legal victory, the family of the
late Efunroye Tinubu has taken possession of a parcel of land with
over 50 houses at Akobi Crescent, off Fashoro Lane in Surulere area
of Lagos, According to ThisDay
report.^[1]

The judgment of the court was successfully executed last week as
the family took possession of the land measuring 8.994 acres
without resistance from adverse parties.

A retired colonel, Tunde Oyedele had challenged the Tinubu’s
family in court in suit number M/294/2010 wherein he asked the
court to declare him sole administrator of the land.

But in a judgment delivered in 2013, the court dismissed his
claim and found in favour of the Tinubu’s family.

Oyedele did not file any appeal against the judgment within the
stipulated time required by law.

This development paved the way for the family to take possession
of the land and the over 50 houses erected on it.

In support of his case Oyedele, had in his evidence told the
court through two depositions dated 23/06/11 and 11/07/11 marked as
Exhibits 1 and 2 respectively, that he was the owner of the vast
area of land measuring 8.994 acres lying at Akobi Crescent, Off
Fashoro Lane, Surulere in the Surulere Local Government Area of
Lagos State which is covered by a Deed of Conveyance dated
03/02/1976 and registered as NO: 98 at page 98 in Volume 2263 at
the Lands Registry Lagos

He claimed that he purchased the land from the late lyalode
Tinubu Family through one man he named as Garuba Bakare of Agbole
Tinubu, Ojokodo, Abeokuta whom he said acted for and on behalf of
the vendor family, adding that it was part of the land which
originally belonged to late lyalode Tinubu from time immemorial
under the Yoruba native law and custom.

He averred that late Efunroye Tinubu enjoyed undisputed
possession of the land and exercised undisputed ownership on it,
adding that at all times material to the death of his vendor, and
thereafter, Garuba Bakare was the head of the Tinubu family.

He said that upon the demise of Iyalode Tinubu, the appointment
of Garuba Bakare as the Head of the Tinubu Family was affirmed by
the Supreme Court in Suit NO: M/35/1955 and he was appointed as the
sole administrator of the Estate of the late Iyalode Tinubu until
new trustees were appointed.

He claimed further that the Supreme Court judgement was
subsequently re-affirmed by an order of the High Court of Lagos
made on 03/08/1965 in Suit NO: M/3/1965 wherein Garuba Bakare was
appointed the Head of the Tinubu Family and seven other persons
were made trustees over the estate.

However in his ruling, Justice Atinuke Ipaye of the Lagos State
High Court sitting in Ikeja, dismissed the claimant’s arguments,
holding that, “I am satisfied that the counter-claimants have
established their clear and exclusive possession of the subject
property as shown on Exhibits 21(a) (g), 29, and 30.

“Under cross-examination, since Colonel Tunde Oyedele allegedly
purchased the subject matter in 1967, he did not erect any dwelling
house or other structure on it, he also admitted that he has never
alienated, sold or leased any portion of it to third parties. That
no street on the large expanse of land has been named after him.
Equally, he was unable to state how much he alleged spent in his
construction of the perimeter fence he allegedly constructed round
the almost 9 acres of the land.

“He was unable to bring forward the builder of the said fence or
show receipts of evidencing purchase of building materials for such
an extensive construction. Equally, he was unable to mention the
name and or whereabouts of the persons he allegedly placed on the
land to weed same.

“All this tend to show that at no material time was the
defendant to counterclaim ever in possession of the said subject
property and I so hold. I believe the testimony of DW1 and DW 2,
which I find credible that they are members of the Tinubu Family
and have remained in possession of same from time immemorial.

“The court hereby declare the sale of 8.998 acres of land by
Garuba Bakare to the claimant, (Colonel Tunde Oyedele) as evidence
by the Deed of Conveyance dated 3rd of February 1976 as invalid
null and void. Also the deed of conveyance dated 03/02/76
registered as NO: 98 at page 98 in volume 2263 is hereby been
revoked.

“Lastly the court hereby award the sum of one hundred thousand
Naira to the defendant as general damages for the claimant’s
unlawful invasion and trespass to the defendant land in Idi Oro,
Surulere, Lagos.”

Eight years after it recorded a legal victory, the family of the
late Efunroye Tinubu has taken possession of a parcel of land with
over 50 houses at Akobi Crescent, off Fashoro Lane in Surulere area
of Lagos, According to ThisDay
report.^[1]

The judgment of the court was successfully executed last week as
the family took possession of the land measuring 8.994 acres
without resistance from adverse parties.

A retired colonel, Tunde Oyedele had challenged the Tinubu’s
family in court in suit number M/294/2010 wherein he asked the
court to declare him sole administrator of the land.

But in a judgment delivered in 2013, the court dismissed his
claim and found in favour of the Tinubu’s family.

Oyedele did not file any appeal against the judgment within the
stipulated time required by law.

This development paved the way for the family to take possession
of the land and the over 50 houses erected on it.

In support of his case Oyedele, had in his evidence told the
court through two depositions dated 23/06/11 and 11/07/11 marked as
Exhibits 1 and 2 respectively, that he was the owner of the vast
area of land measuring 8.994 acres lying at Akobi Crescent, Off
Fashoro Lane, Surulere in the Surulere Local Government Area of
Lagos State which is covered by a Deed of Conveyance dated
03/02/1976 and registered as NO: 98 at page 98 in Volume 2263 at
the Lands Registry Lagos

He claimed that he purchased the land from the late lyalode
Tinubu Family through one man he named as Garuba Bakare of Agbole
Tinubu, Ojokodo, Abeokuta whom he said acted for and on behalf of
the vendor family, adding that it was part of the land which
originally belonged to late lyalode Tinubu from time immemorial
under the Yoruba native law and custom.

He averred that late Efunroye Tinubu enjoyed undisputed
possession of the land and exercised undisputed ownership on it,
adding that at all times material to the death of his vendor, and
thereafter, Garuba Bakare was the head of the Tinubu family.

He said that upon the demise of Iyalode Tinubu, the appointment
of Garuba Bakare as the Head of the Tinubu Family was affirmed by
the Supreme Court in Suit NO: M/35/1955 and he was appointed as the
sole administrator of the Estate of the late Iyalode Tinubu until
new trustees were appointed.

He claimed further that the Supreme Court judgement was
subsequently re-affirmed by an order of the High Court of Lagos
made on 03/08/1965 in Suit NO: M/3/1965 wherein Garuba Bakare was
appointed the Head of the Tinubu Family and seven other persons
were made trustees over the estate.

However in his ruling, Justice Atinuke Ipaye of the Lagos State
High Court sitting in Ikeja, dismissed the claimant’s arguments,
holding that, “I am satisfied that the counter-claimants have
established their clear and exclusive possession of the subject
property as shown on Exhibits 21(a) (g), 29, and 30.

“Under cross-examination, since Colonel Tunde Oyedele allegedly
purchased the subject matter in 1967, he did not erect any dwelling
house or other structure on it, he also admitted that he has never
alienated, sold or leased any portion of it to third parties. That
no street on the large expanse of land has been named after him.
Equally, he was unable to state how much he alleged spent in his
construction of the perimeter fence he allegedly constructed round
the almost 9 acres of the land.

“He was unable to bring forward the builder of the said fence or
show receipts of evidencing purchase of building materials for such
an extensive construction. Equally, he was unable to mention the
name and or whereabouts of the persons he allegedly placed on the
land to weed same.

“All this tend to show that at no material time was the
defendant to counterclaim ever in possession of the said subject
property and I so hold. I believe the testimony of DW1 and DW 2,
which I find credible that they are members of the Tinubu Family
and have remained in possession of same from time immemorial.

“The court hereby declare the sale of 8.998 acres of land by
Garuba Bakare to the claimant, (Colonel Tunde Oyedele) as evidence
by the Deed of Conveyance dated 3rd of February 1976 as invalid
null and void. Also the deed of conveyance dated 03/02/76
registered as NO: 98 at page 98 in volume 2263 is hereby been
revoked.

“Lastly the court hereby award the sum of one hundred thousand
Naira to the defendant as general damages for the claimant’s
unlawful invasion and trespass to the defendant land in Idi Oro,
Surulere, Lagos.”