Land Dispute: Appeal Court cedes Arogbo land to its monarch, Agadagba

The Customary Court of Appeal sitting in Akure, the Ondo State capital has ceded the entire land in the coastal Arogbo community in Eseodo Local Government Area of the state to the traditional ruler of the town, the Agadagba.

The Court presided over by the president of the court; Justice Folasade Agunda-Taiwo upheld the custom and tradition of the town that gave the custody of the land in the Ijaw speaking area of the state to Agadagba, who is the traditional ruler of the riverine communities.

The Customary Court in Arogbo had given judgment ceding parts of the land in Arogbo town to Amapere community in a suit filed on their behalf by Okirika Ebi-Ibaposi, Apostle Igbogilo, Joshua Israel and Ebiepiri Epebi who are the plaintiffs in the suit against Thompson Idiarhi.

The plaintiffs through their counsel, E.E Ojubulu had laid claim to the Customary Right of Occupancy over a parcel of land lying situate and being at Agadagba-Obon Arogbo road in the town and sought the order of the court to remove the structure of Idiahri on the land.

Dissatisfied with the pronouncement of the trial court, Idiarhi through his lawyer, Kariakitei Kokowei prayed the appellate court to set aside the judgment that gave him 30 days to reconcile with the owners of the land or remove his structure from the disputed parcel of land.

The defendant’s counsel in his written address submitted that the trial court neither properly evaluated the evidence before it nor considered the final address of the appellant’s counsel. He submitted that the lower court failed to consider which of the five methods of determining ownership of land subject to customary right of occupancy applied to the land in dispute.

He further submitted that contrary to the findings of the trial court, it is not the custom and tradition of Arogbo that the Agadagba of Arogbo Kingdom is the custodian of the lands for the people of the community.

However, the respondent’s counsel on his part argued that the disputed land in question does not belong to the appellants as the land is located in Agadagba-Obon and not Amapere community. He contended that the Agadagba the paramount ruler of Arogbo is the custodian of all the lands in the kingdom and as such gave out land to the plaintiff.

In the verdict of the Appellate Court presided by Justices Aguda-Taiwo, C.T Adesola-Ikpatt and Akinfemi Owoyemi held that the respondent neither proved the customary law and tradition of Arogbo land relating to grant of title to land nor called any credible evidence in support of his claim to show that persons concerned in Arogbo regard the alleged custom as binding upon the land.