Agbonbiti land dispute: Court fixes October 28, November 25 hearing

The legal battle over ownership of Agbonbiti Village in Ile-Ife, Osun State, will continue on October 28 and November 25 following an adjournment in a suit instituted by the family of the late Chief Samuel Adetunji Adewuyi.

The suit, before the state High Court sitting in Ilesa Judicial Division, centres on competing claims over whether the village, located in Ife South Local Government Area, belongs exclusively to the Adewuyi family or constitutes communal land held in trust for the people of Ile-Ife.

In suit number HFT/5/2024, five family members—Princes Adegbenga, Adediji, Adefemi, Adeposi and Adegboye Adewuyi—are suing on their behalf and as representatives of the late Chief Adewuyi’s family, seeking a declaration of exclusive ownership of the disputed land.

The claimants rely on a survey map dated April 15, 1966, a composite survey plan prepared on February 29, 2024, and other documents.

They traced their claim to an alleged grant by the late Oba Adesoji Aderemi, whom they described as a younger brother of their family patriarch.

The land, according to the family,  was originally a virgin forest before their patriarch began farming there, following a proclamation allegedly made by the monarch around 1930, permitting interested indigenes of Ile-Ife to acquire portions of available virgin forest for cultivation.

The claimants maintained that their father was the first person to settle on the land now known as Agbonbiti Village, as they also alleged that he allocated portions of the property to tenants, who paid rent to him during his lifetime and continued making payments to the family after his death.

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As evidence, the family cited a Certificate of Grant dated June 23, 1977, which it said bore the late monarch’s seal and signature and referenced a survey plan prepared by J.O. Gilbert, on April 15, 1966.

The claimants argued that the grant was an official allocation made by the monarch in his capacity as the traditional ruler of Ile-Ife, acting on behalf of the community, rather than a private arrangement between two brothers.

They further contended that under Yoruba customary land tenure practices, such a grant confers rights that end the traditional council’s subsequent control over the property.

The family claimed that influential members of the community had long been aware of the grant, but had not challenged its ownership claim for decades. 

However, the defendants disputed the family’s claim, insisting that Agbonbiti remains communal land belonging to the people of Ile-Ife.

In their statement of defence, they argued that under Ile-Ife Customary Law, land is vested in the community, with the traditional institution and the Ife Traditional Council serving as trustees rather than the traditional ruler being its absolute owner.

They maintained that valid land allocations must be made in conjunction with the Ife Traditional Council, arguing that any grant made without the council’s involvement could not bind the traditional institution.

They also described the alleged grant by the late Oba Aderemi to the late Chief Samuel Adetunji Adewuyi, as a personal transaction, rather than an official allocation on behalf of the Ile-Ife community.

In their counterclaim, the defendants asked the court to declare Agbonbiti village, as covered by the claimants’ survey plans, communal land belonging to Ile-Ife and vested in the traditional institution and the Ife Traditional Council as trustees responsible for its management and supervision in the community’s interest. Justice Agboola adjourned further hearing to October 28 and November 25.