Landowners, Mr. Christopher Folajoye Awosika and Mrs. Esther Olufunmilayo Awosika, have sued Carter-Tech Limited before a Lagos High Court, for allegedly breaching their agreement.
The plaintiff’s said the breach occurred over a parcel of land measuring approximately 1.183 hectares of land at Ologolo ancient Village, Lekki-Epe Express Way, Eti-Osa Local Government Area of Lagos State.
The plaintiffs, in suit marked LD/6846GCMW/2020 through their counsel, Ade Oshodi, told the court that he rightfully purchased the said property from the Ologolo family, the original owners in 1996.
They claimed to have enjoyed peaceful possession of his land, and even rented it out to a company at some point, as a storage facility.
However, events took an adverse turn when sometime in 2017, 21 years after he bought the land and 17 years after he had laboriously completed the sand filling and perimeter fence.
The plaintiffs claimed that they executed a Finance and Development Agreement for the construction of 50 housing units over the property with (Carter-Tech Limited) the defendant.
The plaintiffs’contribution to the agreement was their land, while the defendants were responsible for finance, construction and development.
Plaintiffs’ counsel told the court that his clients’ agreed that their share of the property upon completion is 18 housing units, while the defendant’s share is 32 housing units.
He also told the court that, “the defendants have since completed the project on the property, which they termed: ‘Atlantis 2’ and have refused to put the plaintiffs in possession of their housing units, despite repeated demands.
“In fact, despite the ages of the plaintiffs, who are both in their late 70’s, the defendant, through its directors, one Jerry, Samson and Mrs. Olopade drove them out of the premises when they approached them for their entitlement in the development and have since employed various nefarious means to deny them access to the land.
“This necessitated the claimants to institute the above action at the High Court of Lagos State, claiming amongst other reliefs, the units they are entitled to under the Joint Venture Development Agreement and damages for the fraud perpetrated by Carter-Tech, the defendants.
“Notwithstanding, sometime in 2020, the plaintiffs had obtained an order restraining the defendants from selling or alienating any of the 50 housing units, but the defendants have flouted this order of court and has been selling the housing units to unsuspecting third parties/public,” the lawyer claimed and urged Justice Oyekan-Abdullah to grant an application filed by the plaintiffs to either order the defendants to deliver the claimants’ housing units to them or direct that the official receiver of the court, takes over the premises pending the hearing and determination of the suit.
But the application was truncated the defence counsel, Yomi Alagbada, who earlier acted for the defendants in the suit. In an attempt to change him, Alagbada challenged the application on the grounds that his client still owes his Chambers legal fees.
The defendant was therefore unable to resolve the issue of legal representation. Justice Oyekan-Abdullah adjourned the matter till February 23, 2022 for further proceedings.
