The Head of Chambers at EBA Law, Emmanuel B. Atokoh, is appealing for demolition orders to be included in the court’s inherent powers in land dispute resolution.
According to him, in land disputes, even after the court adjudges an individual as the legitimate owner of the land, sometimes they are not able to reclaim their land because the judgment debtor is not ready to let go of the property, especially if the individual has erected a structure on it.
Speaking on JoyNews’ The Law on May 19, he stated that many original landowners lost their lands because even after winning the case in court, the ruling did not come with a demolition order. Therefore, it makes it very difficult to demolish such property and claim full ownership.
“Demolishing should be part of the orders that or the reserve orders or the inherent powers that the court should have to ensure that every person who is adjudged owner of land has peaceful possession of the land adjudged,” he told host, Samson Lardy Anyenini.
He argued that none of the current land disputes were actually new cases, as most of them were recycled but with different individuals. In most instances, he has seen the land disputes drag on for many years.
Additionally, the head of chambers said all these land issues would be non-existent if the court had the constitutional power to include demolition orders after land disputes were resolved in court.
“Most of the cases, especially those relating to land they are just a recycling of the same cases in respect of land. There was a ruling by the judge of the High Court on a contempt application some time back and in that ruling, the court referred to the respondent’s continuous and deliberate refusal to accept that they had lost the case.
“The reason being that this respondent had some structures on the land and in fact the court went further and said look you have some sentimental attachment, which is true. Every person who constructs a building on land has some form of attachment to the land. Because of this attachment, it becomes very difficult for judgment debtors in respect of land, to easily give up.
“My issue is that if the court makes an order for some authorized structures to be pulled down, that issues of sentimental attachment will no longer be there.
“There would be some form of fear in the system where people will be afraid that yes if I spend money to put up structures on land and I am declared not the owner of land, I am likely to lose the structure and my expenditure and everything will go waste. I am sure people will be very careful when dealing with other people’s land or landed property,” he added.
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