Homes & Property

Land tussle: Lagos to pay N.1m damages to Layeni’s family

By Udo Ibuot

The protracted land case between the Lagos State government and the Layeni family has ended with a Lagos High Court ordering the government to pay the family N100,000 damages for trespass.

The court, presided over by Justice A.M. Nicol-Clay, also held that it was wrong for the government to confiscate the parcel of land situated at 75-77 Broad Street and 18-20 Market Road, Lagos Island, without revocation of the Certificate of Occupancy (C of O) it issued to the family.

The court also granted an injunction restraining the government, its servants, privies and agents from entering or constructing any structure on or in any manner whatsoever on the said land.

It also restrained the government from disturbing the claimants’ rights over the parcel of land.

The court granted an injunction restraining the government, its servants, agents or privies from alienating or putting any person in possession of the piece of land, known as Layeni Court.

The claimants, representing Badamosi, Imoru, Salau, Ogboye, Lawani and Oredilu branches of Oluwole Layeni Family of Lagos, had in 2009, through their counsel, B.A.M. Fashanu (SAN), sued the Lagos State governor and the state Attorney General over the confiscation of their land situated near the collapsed Bank of Industries, BOI, building.

The claimants accused the government of confiscating and depriving them of access to the affected land, which they claimed was bequeathed to them by their late great grand father.

The claimants, Sami Akanni Layeni, Salifat Layeni, Fasiri Ogboye, Taiwo Layeni and Ganiat Shonibare said their ordeal began on March 22, 2006 when the BOI building, adjacent to the Layeni Court, partly collapsed.

The family then sought a N100 million damages for  trespass on the property with survey plan No. LU/LA 2255/84. Arguing the case, Fashanu told the judge that prior to the collapse of the BOI building, the property belonged to his clients.