News Summary
The Lagos State High Court has awarded N5.5 million to Dr. Mercy Obagie in a land ownership dispute against the Olumegbon family. The court affirmed Dr. Obagie’s legal ownership of a disputed land parcel, rejecting claims by the Olumegbon family that it belonged to their ancestral estate. The judgement included damages for trespass and highlighted the importance of legal documentation for property ownership in Lagos State amidst prevailing land disputes in Nigeria.
Lagos, Nigeria—Landmark Court Ruling Awards N5.5 Million to Landowner Dr. Mercy Obagie
The Lagos State High Court has awarded N5.5 million in damages to Dr. Mercy Obagie, a medical doctor and lawyer based in the United States, in a land ownership dispute involving members of the Olumegbon family from Ajah. The judgment was delivered in Suit No. LD/39/2013 and represents a significant decision in addressing land conflicts prevalent in Lagos State.
Details of the Dispute and Court Findings
The case centered around a disputed land parcel measuring approximately 2,237.497 square meters located at No. 29, Addo Road, Eric Estate, Ajah, Eti-Osa Local Government Area. The claimant, represented by members of the Olumegbon family—namely Ibrahim Lawal Olumegbon and Abdulfattah Machardo—claimed the land was part of their ancestral estate and sought to assert ownership through various requests, including a declaration of ownership, nullification of Obagie’s title, and damages for trespass.
However, the court found in favor of Dr. Obagie, establishing her long-standing ownership and possession of the property. The court’s decision was based on credible evidence that the land was assigned to her through a Deed of Assignment dated 6th May 2011. It further affirmed that Dr. Obagie had purchased the land from Mr. Eric Rhima sometime between 1984 and 1995, with a formal deed executed in 1995 and reaffirmed in 2011.
Legal Conclusions and Damages Awarded
The court dismissed the claimants’ requests for ownership declaration and attempts to invalidate Dr. Obagie’s title, citing the sufficiency of the evidence supporting her ownership. The court awarded N4 million in general damages for trespass caused by the claimants’ unlawful activities on November 28, 2012, which included destruction of fencing, the gate, and a three-bedroom apartment situated on the property. An additional N1.5 million was granted as litigation costs.
The claimants had argued that Dr. Obagie’s documents of title were invalid, but the court upheld her ownership after examining the deed and testimonies from witnesses—including a member of the Ojupon and Ogunsemo families—who confirmed their presence during the execution of the deed of assignment in her favor.
Illegality and Injunctions
On November 28, 2012, the claimants reportedly engaged in acts of trespass, including the destruction of structures and interference with Dr. Obagie’s peaceful possession. The court declared these actions illegal and ordered a perpetual injunction, preventing the claimants from any further trespass on the property.
It is noteworthy that Dr. Obagie’s request for N5 million in special damages for the structures demolished was denied due to a lack of sufficient evidence. The court emphasized that claims of special damages require verifiable proof, which was not adequately presented in this case.
Additional Court Decisions and Observations
While three of Dr. Obagie’s counterclaims were dismissed for vagueness, the court recognized her peaceful and continuous possession of the property since 1998. Despite her absence from Nigeria due to her residence abroad, she did not pursue criminal complaints against the claimants, which reflected the court’s focus on civil ownership and possession rights.
Context and Broader Implications
This case underscores the ongoing challenges of land disputes and ownership conflicts in Lagos State. Land-related disagreements are common in Nigeria, often involving complex inheritance histories, customary claims, and the need for legally verifiable documentation. The judgment illustrates the judiciary’s reliance on concrete evidence and formal deeds to resolve such disputes definitively.
The decision serves as a reminder of the importance of proper land titling and documented transactions, especially given the frequent disputes arising from customary land claims and ad hoc claims of ownership. It also highlights the role of the courts in protecting legal owners from unlawful trespass and illegal claims, thereby reinforcing the necessity for clear documentation and adherence to legal procedures in land transactions.
Overall, the Lagos State High Court’s ruling in favor of Dr. Mercy Obagie not only awards her damages but also sends a strong message against land unlawfulness, promoting rule of law and proper land governance in the state.
Deeper Dive: News & Info About This Topic
HERE Resources
Additional Resources
- Punch: US-based doctor wins N5.5m in Lagos land dispute
- Google Search: Lagos land dispute
- ThisDay Live: Civil society groups protest in Lagos over land dispute
- Encyclopedia Britannica: Land dispute
- Punch: Caught in the crossfire of land dispute
- Google News: Land dispute Lagos

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