Retired doctor loses N1.5b property after ‘unlawful’ demolition
• Receiver manager insists allegations false
A retired gynecologist, Albert Ndulue, has lost his property investments worth over N1.5 billion, after thugs demolished five of his buildings at Plot 8, Block 24, Alma Beach Estate, Lekki, Lagos.
Speaking with journalists in Lagos, the 84-year-old said the property is the subject of a case (LD/6727/GCMW/2018) before an Ajah High Court in Lagos.
While the suit is still pending, with the next hearing date fixed for December 12, Ndulue alleged that a defendant, with the aid of some thugs, demolished the property and stole assets.
“Hoodlums have now systematically loosened ceilings, electrical fittings, and demolished five of almost completed buildings to the ground level,” he said.
According to him, trouble started in 2017 when NICON Trustees, alongside one Abah Onah, made a claim on his land and put his property up for sale .
Ndulue explained that when he bought the land, he obtained all appropriate documentation from the Lagos State government, including a Certificate of Ownership (C-of-O) and the governor’s consent before beginning construction on the plot.
He said: “After obtaining the governor’s consent, I submitted a building plan to Lagos Physical Planning and Urban Development Authority, which was approved in 2014. I started development on the plot by fencing it round. When I wanted to start the main building, I visited the site and saw a notice on my entrance, claiming that my land was subject to an alleged receivership, pursuant to an interim order of Justice Austin Obiozor of the Federal High Court Lagos.
“I immediately instructed my lawyer to verify the authenticity of the said order. My lawyer confirmed that there was indeed an order made by the court in suit number LD/27/67GCMD/2018, and filed a motion seeking to be joined as a party in the suit. The court found that the suit was fraudulent and incompetent and therefore dismissed it for lack of merit.”
He said NICON Trustees and Onah, who were still relying on the same interim injunction that had already been vacated, invaded his property with thugs and police, vandalising and hauling away valuables and building materials.
MEANWHILE, a statement signed by Onah said the allegations were all falsehood and an attempt by Ndulue to defy a court judgment and justify continued attack on law and order.
He said that as the receiver manager, which is contained in the Debenture Trust Deed dated February 20, 1991 and registered as 75/75/1949 of the Land Registry, Lagos office, it is falsehood that Ndulue came to the land in 1991.
He said Ndulue had an invalid Deed of Assignment, dated March 5, 2006, and a purported survey plan, dated October 18, 2006, long after the receiver had taken over the charged assets in 2002.
“Armed with the said Court of Appeal judgment, the receiver got a Federal High Court Order in 2017 in FHC/ CS/L/1242/2017, which was executed, and the entire charged plots of land, including that piece being claimed by Ndulue was recovered by the Deputy Sheriff of the Federal High Court on November 13, 2017, and the receiver was put in possession,” the statement reads.
He said the doctor challenged the takeover by the receiver in court and lost the challenge in a ruling, dated January 9, 2018, suit FHC/ CS/L/1242/2017.
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