A Magistrates’ Court sitting at Tinubu, Lagos, has adjourned a suit filed by Mrs Mercy Ogbonna against businessman Mr Fuad Oloto over the recovery of possession of a four-bedroom terrace duplex in Ikate Elegushi, Lekki, till February 26, 2026, for cross-examination and defence.
The matter, presided over by Magistrate Paul Albert, was adjourned following an application by defence counsel, A D Lasisi, after the claimant closed her case.
At the resumed hearing, the claimant’s counsel, Ayodeji Fasehun, informed the court that the matter was fixed for trial and that the claimant was ready to proceed.
A witness, Siji Agbadaola, a legal practitioner, testified for the claimant and adopted his witness statement on oath dated July 4, 2025, which was admitted as Exhibit A.
During examination-in-chief, the witness identified and tendered documents in support of the claimant’s case, including a power of attorney dated May 28, 2025, which he said he witnessed and which was admitted as Exhibit B, as well as a tenancy agreement, admitted as Exhibit C.
He also identified payment receipts issued by the claimant in favour of the defendant. Although he told the court that the originals were in the custody of the tenant, the receipts were admitted as Exhibits D1 to D5.
Further documents tendered included reminder letters dated February 1, March 3, and April 3, 2025, relating to the expiration of the tenancy notice period. The letters were admitted as Exhibits F1, F2, and F3 respectively.
In addition, a seven-day Notice of Owner’s Intention to Recover Possession dated May 1, 2025, was admitted as Exhibit G, while a Memorandum of Claim dated May 1, 2025, was admitted as Exhibit H.
The witness also tendered a printout evidencing electronic service of notices via WhatsApp, which was admitted as Exhibit I. He told the court that the notices were served electronically without obstruction.
At the close of the testimony, the claimant’s counsel urged the court to adopt the documents tendered and grant the reliefs sought.
However, defence counsel applied for an adjournment to enable him to cross-examine the witness and present the defence. Magistrate Albert granted the application and adjourned the matter to February 26, 2026, for cross-examination and defence.
The claimant is seeking recovery of possession of a four-bedroom terrace duplex with boys’ quarters at Unit 2, No. 10 Eru-Ile Street, Ikate Elegushi, Lekki, Lagos State, allegedly let to the defendant at a yearly rent of N4.5 million.
She is also claiming ‘mesne profit’ of N375,000 per month from May 1, 2025, until possession is delivered, N5 million as general damages for alleged inconvenience, and N1 million as the cost of the action.
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