CLAIMING miscarriage of justice, about 400 occupants of Orile-Iganmu, Lagos State, are now back to court asking the Supreme Court of Nigeria to re-open a land dispute affecting their interests.They said the step is necessary to forestall possible break down of law and order as the judgment creditors, the Ojora Chieftaincy family, are erroneously executing the judgment, which had earlier ceded the Orile-Iganmu environ to the land owing family.According to the landlords, the judgments of both the High and Appeal Courts did not specify the extent of the judgment and as a result the Ojora family have been over-reaching with the verdict, a situation that could engender acrimony within the peaceful community, and accord them their right to fair hearing.The landlords claim that they have been harassed and forcefully driven out of their homes by armed thugs, which they alleged were acting on instructions of the Ojora family.Three years ago, the apex court had given a judgment in favour of the Ojora family as the owner of the land, which resulted in their taking possession of the land including those not covered by the judgment.The suit was filed on their behalf by their counsel, Mr. Vincent Nwana through an originating motion supported by a 38 - paragraph affidavit sworn to by the Chairman of the Landlord Association and Landowners in Orile-Iganmu and Environment, Lt. Col. Eyitayo Akinbami.The landlords are praying the apex court to set aside the judgment of April 3, 2009 and remit the matter to the trial court to hear the matter afresh for the purpose of joining the proper desirable and necessary parties in order to efficaciously determine the full rights of the parties and exact land area that each of the parties are entitled to.They claim that in the previous case, they as the landlords of the affected community were not made parties to the suit and therefore were prevented from presenting their case.'That except the court sets aside the judgment of this court or remit the case back to the trial court to determine the exact area of land belonging to the parties herein or suo motu or use the survey plan No JTA/383/012/LA/2011 and restrain the Respondents/Respondents from using the judgment of this court to wander into area of land that does not belong to them which area of land is unknown at the time the three courts granted judgment in favour of the Respondent.'In the alternative, they are asking court for a number of orders and declarations which include giving legal effect to the agreement reached by all parties including Lagos State government which stated thatthe payment of N100.000 each landlords to the Ojora family should amount to full and final judgment satisfaction of 2009.'The Respondent will continue to use the aforesaid judgment as instrument of fraud, shield and sword to wander into and take other peoples land, continue to terrorize, destroy the lives and property, intimidate, harass and threaten the Interveners/Applicants notwithstanding that the Interveners/Applicants has paid the sum of N100.000 per capita as full, final, compromise, accord and satisfaction of the judgment given by this court on 3rd April, 2009.'They further claimed that the previous judgment did not specifically determine the areas of lands it applied to stressing that this has made beneficiary of the judgment to apply it to the areas not envisage by the community in the case.'An order of the perpetual injunction restraining the respondents whether by themselves, Solicitors, agents, workmen, servants, privies and by whomever from further using the judgment of this court and the two courts below and their organizes armed men and policemen to carry on further terrorism, wanton destruction of lives and properties, wander into the area of land belonging to interveners/Applicants, harass, intimidate, embarrass and threaten the lives and property of the interveners/Applicants herein.'Also, they are praying for an order of the court to direct the Lagos state government through the office of attorney General to release the white paper on the outcome and resolution of the Committee set up by Lagos Governor on Ojora Chieftaincy judgment in appeal no SC/54/2005 on the prompting of the counsel into the interveners/applicants.The members of the Ojora Chieftaincy Family of Lagos have reclaimed their disputed land after 37 years of protracted legal battle with the Iganmu community. The family of the favourable judgement in a Supreme Court ruling of April 3, 2009 The five justices got the apex court led by Justice Adesola Oguntade unanimously declared the family as the legal owner of the land at Orile Iganmu, Aloko Savage, Sari, Offa Ofin, Oko-Olodi, Tokosi, Coker, Ajabe, Lamiyonu, Tapa, Bankole Imora and other adjourning villages on plan no. AL/641/1947. Judgements on the disputed land were entered in favour of the Ojora family at the Lagos High Court and Appeal Court in 2000 and 2004 respectively but the defendants led by chief Adesina Jinadu and 12 others headed for the Supreme Court to appeal against the rulings. The appallents at the Supreme Court sought to know among others whether the Court of Appeal was right when it held that the plaintiffs/ respondents were entitled to a declaration of title to the land in dispute; whether the plaintiff/respondent can maintain an action for declaration of title to the same land acquired by government even on the admission of the ninth plaintiff's witness Chief Taoreed Lawal Akapo; whether the Court of Appeal properly considered the issues of admissibility and probative value of the documentary and oral evidence raised by the 1st -12th appellants in the determination of the appeal before them. But Justice Oguntade in his ruling said that there existed no basis upon which the two lower courts could have granted the counter claim of the 13th appellants when with the evidence before the court, the ownership of the land was vested in the Ojora family. According to him, 'I am satisfied that these appeals by the 1st to 13th appellants have no merit. They were rightly dismissed by the court below. I also dismiss them with N50,000 costs against each set of the appellants in favour of the plaintiff/respondent
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