A High Court sitting in Kotonkarfe, Kogi Local Government Area of Kogi state has pronounced the Igahachi community as the true owner of Igahachi land stretching toward Igbara in Oworo district of Lokoja Local Government Area of the state.
Justice Alaba Omolaye Ajileye, made the pronouncement his judgement on suit No. HC/KK/02CV/2012 brought before it by Benjamin A.P. Irewa and Godwin Boyi Irewa for themselves and on behalf of the Igbara Oworo Community as Claimants.
The defendants are Mallam Mohammed Baiyerohi and Ola Ikeun, for themselves and Igahachi Community.
Igbara land, located in the north part of the area shares boundary with igbonla community at Okuwha Agboro and to the South, the land terminates at Meme stream. To the East, the land is sharing boundary with Isegba, Felele Community at a boundary called Akpata/Okuwha Aburo and to the West, it shares boundary with Igahachi at Aho stream/Akpeme Stream, Uwa agidima, Agbaro and Akpami Ehon streams terminating at Meme stream.
Justice Ajileye, declared that the defendants were able to prove beyond reasonable doubt through positive and numerous pieces of evidence that they were the true owners of Igahachi land.
The Judge further held that based on tradition and possession adduced before the court, extending over a sufficient length of time, he found the claimants’ counter claim as” satisfactory, elaborate, cogent and credible, rendering their evidence believable and acceptable.”
The claimants have sought the court to declare that they owned Igbara land, alleging trespass by the second defendants community.
Similarly, the claimants wanted the court to order a perpetual injunction against the defendants entering into Igbara land, granting leases or making disposition.
But in his Judgement, the Judge held that both Igbara and Igahachi land were contiguous parcels of land and declared that there was no dispute over the land boundaries as the claimants could not substantiate their claims.
Ha declared the people of Igahachi owners of the land in dispute.
Alaba recalled that the case was one of the numerous cases instituted by communities, families and individuals over Oworo land
He, however, optimism says that a day would come when Oworo historians and chroniclers would record the cases as part of Oworo history.
Alaba,who said in the light of the inter communal nature of the dispute, he was of the view that sustenance of peace between lgbara and lgahachi communities was paramount,accordingly ordered that none of the party should bear costs.
The judge consequently dismissed the second defendants request for a cost.
