Land Developer Faces N50m Trespass Suit


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Lagos – An Igbosere High Court in Lagos State, on Monday, fixed May 13 to hear a suit filed by five beneficiaries of an estate against a land developer over alleged trespass into their land.

The claimants (beneficiaries) are: Abosede Cooper, Omotunde Amodu, Babaseinde Johnson, Modupe Aderinoye and Adebayo Egunjobi.

The claimants, through their counsel, Mr Enitan Afolabi, told the court that sometime in 2014, they entered into a development lease agreement with a land developer, Yoriola Olatunji (defendant).

According to the claimants, the lease agreement was for a parcel of land situated at No. 57, Queens St., Alagomeji, Yaba, Lagos.

The claimants said in their statement of claims that the developer entered into the lease agreement with the name Tubol Properties Enterprises Nig. Ltd.

They alleged that after the lease agreement was executed, they found out that the company was not a legal personality.

The claimants alleged that due to the fraudulent activities of the defendant, they were unable to enter into a valid legal agreement with a genuine developer.

The claimants want the court to declare that the purported lease agreement is null, void and of no effect.

They want the court to give them possession of the land, adding that the defendant should pay N50 million as damages.

The defendant, in his statement of defence, however, urged the court to dismiss the claims, describing them as frivolous and lacking in merit.

The developer made the statement of defence through his counsel, Mr Olumide Lapite.

The defendant averred, among other issues, that he had been doing business under the name, ‘Tubol Nigeria General Enterprises’ registered in 1999.

He also averred that he had an understanding with the lawyer that prepared the lease agreement that he intended to upgrade the business name into a limited liability company.

Counsel to the claimants, Afolabi, told the court on Monday that he had served the defendant’s counsel, a copy of the statement of claims, adding that he had replied with a statement of defence.

Afolabi also said that he had replied on points of law.

Justice M. Olokooba adjourned the case until May 13 for hearing. (NAN)

Source: https://sundiatapost.com/2019/03/05/land-developer-faces-n50m-trespass-suit/