Court hears case against ex-senator
The legal battle involving former senator, Osita Izunaso and an Abuja based pastor, Mrs. Esther Jesulanke over the soul of a property located at Block 20, Flat 3, Moses Adasu Close, Zone D, legislative Quarters , Apo Abuja resume today at the High Court of the Federal Capital Territory, Gudu.
In the suit, which also has Mrs. Grace Iyang, as second defendant, the plaintiffs are asking for a declaration that they are bonafide owner of the demised property together with appurtenances situate at Block 20, Flat 3, Moses Adasu Close, Zone D, Legislative Quarters, Apo Abuja.
The plaintiffs also seek for an order of perpetual injunction restraining senator Izunaso, (the first defendant) either by himself, his servants, agent, or howsoever described from interfering with the plaintiff ownership and possession of the property.
According to the matter, sometimes in January 2009, Mrs. Iyang ( the second defendant) , who was the initial beneficial owner of the property offered to covey all her rights, interests and title in the property by an outright sale for a consideration of N36 million to any interested buyer.
After conducting a search and carrying out due diligence on the property at the relevant land Registry, the plaintiffs through their lawful attorney, raised a Bank draft of N36 million in favour of Mrs. Iyang as consideration for the purchase of the property.
Consequent upon payment completion by the plaintiff, the second defendant assigned to the plaintiffs, all her titles, rights and interests in the property.
However, it was alleged that the senator showed more than a passing interest in the property deposited the sum of N5 million for the property whose value as at 2013 was about N35 million, before the original owner sold it.
The former owner, Mrs. Grace Inyang, who reportedly put up the property for sale with plans to buy a new property in her village where she planned to relocate after retirement, was said to have rejected the senator’s deposit even though it was paid through her counsel, one Victor Okangbe, for the reason that the senator did not fulfill the condition precedent to ownership rights, which was the payment of a total sum of N35, 000, 000.00 required for the release of the Deed of Mortgage on the said property with Aso Savings.
She consequently assigned the property to Taulahi Investment Nigeria Ltd represented by one Hon. Jega who sold it to the current owner/occupier, Mrs. Esther Jesulanke.
The owner was said to be certainly oblivious of the transaction between Mrs. Inyang’s counsel and Senator Izunaso. Mrs. Inyang declared that the five million naira paid by Senator Izunaso to Barrister Okangbe was received without her consent and she had transferred to money back to her counsel before empowering Taulahi Investment Nigeria Ltd to proceed with the sale of the apartment to a buyer who was willing to pay the complete amount.
But, the former senator allegedly gained access to the property and removed some of the owner/occupier, Mrs. Esther Jesulanke’s fittings and belongings on the ground executing the judgment of the court.
It was alleged that he flung out the woman’s belongings outside the property thereby damaging the fittings and belongings of worth and value in spite of a pending suit at the FCT High Court challenging an earlier court judgment.
The second plaintiff is therefore crying out that there have been attempts to eject her by Senator Osita Isunazo who alleged that by a judgment dated October 13, 2013, the court gave an order of specific performance of the contract of sale between him and Mrs. Grace Inyang.
She submitted that she was taken aback by the fact that a judgment of specific performance was awarded to enforce the said sale where Senator Osita purportedly paid a paltry deposit of N5, 000, 000.00 for a property as opposed to a part payment.
According to information, Mrs. Jesulanke’s assertion is that the transfer of the property from Mrs. Inyang to Taulahi Investment Nig. Ltd whom she derived her title from was first in time. In addition, she was a bona fide purchaser for value without any notice of any attempted sale or failed sale.
Also , the senator by a letter dated March 16, 2017 offered to settle by making available N35 million to Mrs. Jesulanke but she declined the said offer and considered the stated sum as unfair in the light of the current worth of the property and the discomfort, loss and damages she has suffered.
She submitted that attempt to deprive her of the property was unfair and unjust.
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