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Doctor sues Army Major for trespass on property

By Joseph Onyekwere
01 October 2024   |   3:18 am
A Nigerian medical doctor based in the United States of America, Dr Ijeoma Nduka-Nwosu, has sued a Nigerian Army Major at the Lagos State High Court for allegedly trespassing on her property located at Olugborogan Village, Lekki, Lagos State.
Federal High Court, Lagos State.

A Nigerian medical doctor based in the United States of America, Dr Ijeoma Nduka-Nwosu, has sued a Nigerian Army Major at the Lagos State High Court for allegedly trespassing on her property located at Olugborogan Village, Lekki, Lagos State.

 
In the suit marked LD/14323LMW/2023, Nduka-Nwosu averred that she is the rightful owner of the parcel of land measuring 2912.150 square metres, which she purchased from the Sule Olusesi Chieftaincy Family in 1992.
   
The medical doctor claimed that she had maintained uninterrupted possession of the property since the purchase and made substantial investments in it, including constructing a residential building that had reached a habitable stage until December 2021, when some thugs allegedly acting under the defendant’s direction invaded the property, resulting in extensive damage valued at over N25 million.
   
She claimed that the attackers destroyed the perimeter walls and stole construction materials, all while threatening her workers and asserting that the Major had taken over the land.
 
The claimant further contended that the incident was reported to various law enforcement agencies, including the Lagos Task Force on Land Grabbing, but that the matter escalated after the Major allegedly attempted to misrepresent ownership of the land through a questionable Deed of Assignment, which was later confirmed as fraudulent by the authorities after investigations, with key signatories denying any association with it.
   
She also claimed that the defendant at some point tried to twist the matter by petitioning the police over an alleged harassment of him, but that the police, after a thorough investigation, dismissed the allegation.
   
The claimant is seeking multiple reliefs, including a declaration of her ownership of the land, an injunction to prevent further trespass by the Major and his agents, and N50 million in damages for the alleged destruction, emotional distress, repair costs, and general trauma caused by the attacks.
   
Counsel to the claimant, Mr Joseph Igwe of Ubani & Co., Legal Practitioners, said that despite the ongoing legal proceedings and evidence against the Major, he has continued to harass and disrupt the claimant’s lawful possession of the property.
   
Igwe said the Major had not filed any defence to the suit but continued to lay claim to the property. He declared, “This suit has since 2023 been served on the Major, with an application for interlocutory injunction, but till date, he has been unable to file any defence, and rather than filing a defence, he continued trespassing on the land as if no legal action has been instituted against him.
   
“When the two persons he allegedly sold the land to discovered that his claim to ownership was fraudulent, they reported the matter to the Economic and Financial Crimes Commission. The agency promptly arrested him and commenced an investigation, which confirmed that he is not the owner of the plots of land.”

“He has presently re-surveyed the land and is attempting to sell to other gullible prospective buyers. “We are using this means to warn all prospective buyers to beware as they will be defrauded and lose their money as the Major does not have an entitlement to the land. The matter is lis pendes (in litigation).”

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