Retired ljudge sues businessman over disputed property

A retired Lagos judge, Justice Grace Onyeabo, has dragged a businessman, Isaac Oghale Ikede before a Lagos High Court sitting at Osborne Ikoyi over alleged trespass on properties.

The judge, together with Rev. (Mrs.) Nwakife Onuzo filed the action against the defendant. The claimants said that the defendant trespassed on their properties at Unit C6, and Unit C7 Amber Court/Mews, Osapa London, off Lekki Epe Expressway, Lagos State.

Joined as co-defendants in the suit marked LD/7735GCM/2021, are Joseph Umunna and an Unknown person. The claimants are seeking an order of Interlocutory Injunction, restraining the defendants, their servants, agents, and or privies, from trespassing on their properties at Unit C6, Amber Court/Mews and Unit C7 Amber Court/Mews, Osapa London, off Lekki Epe Expressway, Lagos, pending compliance with Pre-Action Protocols and the hearing and determination of the main suit.

However, testifying before the court, Ikede denied encroaching on the property belonging to the claimants, and urged the court to help him recover his property, which he claimed was allegedly acquired by the 2nd claimant, Reverend (Mrs.) Nwakife Onuzo.

Ikede told the trial judge, Taofikat Abdullahi-Oyekan, that the “claimants do not have any claim against him, adding that he is the legal owner of Duplex C7, as declared by consent judgment in the suit numbered LD2320GCM/18, and the terms of settlement dated July 11, 2018, entered by Justice Onigbanjo.”

In his oral testimony, Ikede stated that he signed a Joint Venture Agreement with one Emmanuel Obire, the Managing Director of Multipurpose Infrastructural Development Construction Ltd, to develop six plots of Land in Osapa London, at Lekki.

He stated that Clause 10b specifically states that it is only upon completion of the project that he (Ikede) will execute a Deed of Assignment to transfer the houses allotted to the developer before he can commence sales.

He stated that acting in violation of the agreement, Obire commenced sales immediately after he moved to the site, and allegedly sold all their share of the estate and even two houses belonging to him.

He told the court that it was in that circumstances that retired Justice Onyeabo and Rev Mrs. Onuzo bought two duplexes without conducting a legal search on the title document, nor studying the Joint Venture Agreement that restricted off-plan sales.

Ikede in his witness statement on oath denied all the depositions made by the claimants and maintained that he is the owner, and in possession of all that parcel of land lying, being, and situate at Osapa Village in Eti-Osa Local Government Area of Lagos State, measuring 4, 242. 217 square meters covered by a Governor’s consent.

He stated that the claimants are unknown to him and that he did not sell/transact any business with them, let alone execute a deed of assignment or any other instruments transferring title to the retired judge.

He stated that Duplex C6 belongs to MIDC as listed in suit no. LD/2320/GCM/18 on the consent judgment, which shows the sharing of all the duplexes in the estate.

Ikede told the court that he does not have any interest in Justice Onyeabo’s transaction with MIDC on Duplex C6, adding that in a counter affidavit filed by the first defendant company, MIDC Limited in suit no LD/2320/GCM/18, there was an attempt to cover up, and thereby they contradicted themselves.

He stated further that he has never met nor discussed with the 2nd claimant, nor was he ever presented with a draft of N38 million as the first defendant fraudulently stated in their affidavit, adding that it was an attempt to deceive the court.

Ikede further stated that the letter of allocation dated October 3, 2018, which the second claimant relied on, only allocated mews C4 to her and not duplex C7 which belongs to him.

Ikede told the court that it is customary for every prospective buyer of a property to conduct a diligent search on the title of any property before making payment, stressing that had the second claimant conducted a legal search, she would have discovered that the first defendant and his firm do not hold title to the duplexes.

He told the court that even the Joint Venture Agreement, signed between the first defendant company (MIDC Ltd), and himself specifically prohibited the first defendant and his company from making any sale without his consent, until the full completion of the estate when he will sign a deed of assignment to transfer the share of the first defendant company to them before they can sell.

He said contrary to the timelines stipulated in the Joint Venture Agreement, the first Defendant’s company, MIDC Limited, failed to commence work on the Project site in accordance with the Joint Venture Agreement and did not complete the project on December 15, 2015, but delayed it for eight years because they spent time to design and approve cheaper and inferior building types different from the ones submitted when signing the Joint venture agreement to cut costs before moving to the site.

He averred that consequent upon the failure of the first defendant, he served a Notice of Termination of the JVA dated January 26, 2018, on the first defendant’s company, and was duly acknowledged.

He also told the court that he instituted an action against the first defendant company, MIDC LTD in 2018 at the Lagos High Court in Suit LD/2320GCM/18.

He stated that following the said suit, the parties resolved to submit their dispute to Mediation through the Lagos Multi-Door Court House and subsequently executed terms of Settlement dated July 11, 2018, as full and final settlement of the claims in Suit No. LD/2320GCM/18.

According to him, the Terms of Settlement were subsequently entered as Consent Judgment on October 22, 2018, by Justice S. A. Onigbanjo, which became the terms of settlement and subsequent court Judgment.

He stated that notwithstanding the clear provisions of the Consent Judgment, the first defendant, MIDC Limited, failed to complete, and deliver the Housing Project by the deadline of March 31, 2019, stipulated in the Judgment, seven years after signing the Joint venture agreement that was expected to last for a maximum period of two years.

This, he said, contravened the provisions of the Joint Venture Agreement, and Consent Judgment, conduct that amounted to contempt of court.

He stated that the second defendant (Rev. Onuzo) is not entitled to all the reliefs sought and her claims are unfounded, frivolous, vexatious, and gross abuse of judicial process and should be dismissed with substantial costs.

Ikede is also asking for a declaration that the first and second claimants, (Retired Justice Onyeabo and Rev. Onuzo) do not have any claim against him.

Justice Abdullahi-Oyekan has adjourned till December 1, for the adoption of written addresses by parties in the suit.