An 100-year-old woman, Mogbonjubola Akinniyi, née Fawehinmi has expressed happiness as an Ondo State High Court sitting in Ondo barred the Fasimoye family from claiming any interest under the earlier judgment it fraudulently obtained, as the same court has set it aside.
In the 22-page judgement delivered by Hon. Justice Bolatito Ajibade, of the Ondo State High Court, on the 25th day of July, 2023, the court granted the order to set aside the earlier judgement delivered by the court on a lingering land dispute, in suit no: HOD/15/2016 between Fasimoye and others (defendants) and Madam Mogbonjubola and others having been obtained by fraud.
The court further held that the tenancy agreement dated August 26, 1958, purported to have been made between Olatuja Fawehinmi, the progenitor of the Fawehinmi and the defendants was fabricated because the signature of Olatuja Fawehinmi on the tenancy agreement was judicially found to be simulated.
Hon Justice Ajibade also granted the order restraining the defendants (Fasimoyes), their agents, and others from claiming any interest or right over the property.
The centenarian, who is the head of the Lisa Alujonu Fawehinmi dynasty of Ondo Kingdom in an interview with the Hope Metro said the judgement has vindicated the family, adding that it’s a well-deserved victory she had been longing for in her lifetime.
The centenarian, who added that she insisted on coming to the court for the judgement despite her age as she wished to be part of the epoch-making judgement that would not be forgotten by all the sons and daughters of the family.
She said, “I am the happiest mother on earth today. I insisted I wanted to see things myself and I came to the court, though I could not enter the Courtroom because of my age and health condition, decided to seat here in the car and await the judgment.
“Though I am sweating, it is a sweat of joy and the little price to pay for what God has done for me. I thank our forefathers for the way the cultured our family. Am the oldest remaining offspring of the Fawehinmis from the Tuja Stock. By the grace of God, I’m the Olori Ebi of the entire Fawehinmi family of Ondo Kingdom, after my Sister, Mosekunla Fawehinmi who passed in 2014. My name is Mogbonjubola Akinniyi, née Fawehinmi. Our parents don’t discriminate between male and female children which is why you have female children as Olori Ebi in the last two decades in quick succession…
“I am over 100 years but I refused to die because I did not wish to take this injustice to my parents in heaven.
“But, if I dropped dead this minute, I died fulfilled,” she said.
She explained that the Fasimoyes had earlier obtained a judgement against the Fawehinmis using a document the Court later discovered to be fake because the signature on it was simulated.
“How could children of a captured slave be the landlord on his master’s property?
“Since justice cannot be grounded on fraud, the judgement based on the fabricated evidence was set aside by the same Court on the ground that Fasimoye’s family obtained the earlier judgement by fraud.
Madam Mogbonjubola added, I thank all Nigerians who helped through their prayers and especially Barr Abimbola Abiodun, the son of my sister, Morolayo Abiodun (Nee Fawehinmi) who had worked relentlessly with other lawyers such as Mr Tayo Oyetibo, SAN, Prof Hakeem Olaniyan, Mr Femi Akinbinu & Mr Dele Awominure who jointly made this a success story for the Descendants of the High Chief Lisa Alujonu Fawehinmi of Ondo Kingdom.
Earlier, the Tuja Fawehinmi family had approached the court in suit no: HOD/23/2023 and urged the court to set aside its earlier decision that was procured by falsehood. Ruling on the application brought by the Fawehinmi Family, the Court per Hon Justice Ajibade granted a preputial injunction restraining the Defendants, their agents, assigns, privies, or anybody claiming through them, from ever presenting Exhibit PI (PIA) (Exhibit B l, B2 before this Court) — The Tenancy Agreement dated 26/8/58 purported to have been made between Olatuja (Tuja) Fawehinmi and Samuel Fasimoye, before any Judicial or administrative body anywhere. The Court also ordered a Perpetual Injunction ‘restraining the Defendants, their agents, assigns, privies, or anybody claiming through them, from ever claiming any interest from HOD/ 15/2016, same having been set aside.
Finally, the Court ordered a sum of Two Million Naira (N2, 000,000:00) as general damages suffered by the Fawehinmi family to be paid by the Fasimoyes who were the defendants in the Suit.