The Court of Appeal, Ilorin Judicial Division, has dismissed the appeal filed by Artee Industries Limited against the Kwara State Government over the disputed Amusement Park land located along Unity Road/Wahab Folawiyo Road, Ilorin, for lacking merit and substance.
It will be recalled that Hon. Justice Nureni Kuranga of the Kwara State High Court had earlier dismissed the suit instituted by Artee Industries Limited, resolving all issues in favour of the Defendants and holding that the Claimant was not entitled to the land in dispute.
Dissatisfied with the High Court’s decision, Artee Industries Limited appealed to the Court of Appeal, Ilorin Division. The Appellant sought, among other reliefs: An injunction restraining the Respondents from further acts of trespass on the parcel of land covered by Right of Occupancy No. KW 17223, measuring 4.371 hectares along Wahab Folawiyo Road, Ilorin.
A declaration that the Respondents’ acts of erecting a signpost, entering the land, leasing it, and cutting trees constituted trespass.
An order directing the Respondents to abate the alleged nuisance by ceasing all acts of trespass.
And an exemplary damages of ₦200,000,000.00 for alleged unlawful trespass and nuisance.
Counsel for the Kwara State Government, A.A. Daib, Director, Civil Litigation, mounted a robust defence. The State argued that Artee Industries Limited lacked valid title to the land, having failed to comply with the terms and conditions attached to the Provisional Allocation, including requisite payments, thereby invalidating any claim to legal or equitable interest.
In a unanimous decision, the Court of Appeal dismissed the appeal in its entirety, holding that it lacked merit.
The Court found that the Appellant failed to establish any legal or equitable rights over the land, having not fulfilled the necessary conditions attached to the grant.
Consequently, the Appellant lacked the locus to assert ownership or maintain an action for trespass.
The Kwara State Government welcomes the judgment, which affirms the State’s position and reinforces the importance of due compliance with statutory conditions in land allocations.
The Ministry of Justice remains committed to defending the public interest and upholding the rule of law in all matters.
