A UNITED states-based couple Mr and Mrs Johnson Oluwole have affirmed their ownership of a disputed property at Olowo-Ira Village, Magodo, Isheri on the outskirts of Lagos before an Ikeja High Court.
The couple is asking for N75 million for alleged unlawful encroachment on the property and costs incurred during their numerous trips to the country to tackle the matter.
Alhaji Lateef Amodu, through his lawyer, Mr Ademola Afolabi, sued the Lagos State governor, who he claimed allotted the disputed land, described as Block 41A Plot 20 Magodo Residential Scheme, to him through a letter of allocation dated March 20, 2006.
Other defendants in the suit before Justice Raliatu Adebiyi are the Attorney-General of Lagos State, the Commissioner, Ministry of Physical Planning and Urban Development and Permanent Secretary, Land Bureau, Secretariat, Alausa.
But the Oluwoles, sequel to being joined as fifth and sixth defendants by the court, in their statements of defence and counterclaim, affirmed that they bought the land from Ojoko family of Magodo and that pursuant to the notice of excision, the descendants of Ojoko transferred the title to them by a Deed of Assignment dated September 14, 2011.
The couple averred in their statements of defence and counterclaim, filed through their lawyer, Taiwo Ade-Lawal, that the government could not have alloted the land to Amodu.
They said the claimant’s purported letter of allocation dated March 20, 2006 pre-dates the Magodo Residential Scheme approved sometime in September 2006.
“It therefore follows that the Lagos State government had no title to allot or otherwise confer on the claimant in 2006 or any other time after issuance of the Notice of Excision in respect of the property,” they argued.
They averred that the land is part of the property, which falls within Olowo-Ira Village and that by a notice issued January 15, 1997 and published in an official gazette of the government dated May 1, 1997, that the government excised and excluded all the land in Olowo-Ira, including the disputed property,from the said government’s general acquisition of land in the surrounding area.
They said they were granted the consent of the governor in July 2012 via the Deed of Assignment following payment of the requisite fees and consequent upon which the Deed of Assigment was registered on August 8, 2012 in their favour as No 100 at page 100 in Volume 2381 at the Lagos State Lands Registry.
They averred that since the title of the property has been vested in them, they entered the property and erect fence and gate in 2012.
In their averment, the Oluwoles contended that all payments of charges and levies and purported issuance of clearance and development permit was erroneous, unlawful and does not confer any title to the property on the claimant.
They averred that following their complaint against the claimants’s alleged encroachment on the property, the development permit was duly and appropriately revoked by a letter addressed to the claimant, dated December 28, 2016.
They said the claimant’s development of a two-floor storey on the property was an encroachment.
They averred that the claimant is not entitled to any of the relief as reliefs could only be premised on the validity of the claimant’s alleged title to the property.
They, therefore, prayed the court to declare them the holders of the property.
They also asked the court for an order of perpetual injunction restraining the claimant from entering, constructing, occupying or interfering with their titles and attendant right to immediate possession of the property among other relief sought from the court.
Justice Adebiyi has fixed May 9 for the hearing.
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