A former Deputy Governor of Ogun State, Segun Adesegun, has sued the Nigeria Deposit Insurance Corporation (NDIC) before a Lagos State High Court seeking N180 million as damages over alleged trespass to land
Also joined in the action, suit No. ID/11594LMW/2022 as co-defendants are Babatunde Oderinde and the Registrar of Titles, Lands Bureau, Lagos State.
The News Agency of Nigeria (NAN) reports that Mr Adesegun, represented by Muiz Banire (SAN), instituted the action against the defendants over the alleged seizure and trespass on his property at Tunde Oshilaja Street, Opebi, Ikeja.
In a writ of summons dated March 15, the claimant also sought an order of court restraining the second defendant, Mr Oderinde, from carrying out any action on the site pending the hearing and determination of the case.
Last month, the police had arraigned Mr Adesegun before a magistrate court alleging he stole a certificate of occupancy belonging to Mr Oderinde, a retiree.
In his suit at the high court, Mr Adesegun also filed an affidavit of urgency to support his motion on notice, for the abridgement of time and accelerated hearing on the case which was initially fixed for May 25.
The claimant’s counsel told the court that the application was brought pursuant to Order 3 Rule 2; Order 43 Rule 1 of the High Court (Civil Procedure) Rules, 2019.
“My Lord, it is important that the court grant these prayers because the second defendant has begun bringing different prospective buyers to purchase the land.
“I humbly urge the court to grant the abridgement of time as well as the interim order restraining the second defendant from doing anything further on the said property.
Otherwise, he would succeed in creating third party interest over the land by developing and selling it.”
“My Lord, once the second defendant succeeds with this move, it will pave way for unending litigation while the claimant would not be allowed to enjoy his property and that eventually, the essence of instituting the suit might be defeated,” Mr Banire said.
He further alleged that the second defendant connived with the Lagos State Task Force led by one Shola Jejeloye, who on January 23 at 5:30 a.m. invaded the land destroying properties worth several millions of naira and carting away different brands of vehicles under repair.
“Some of the cars that were carted away include JAC Pick Up, Ogun State Government Patrol vehicle, two Honda Odyssey 2005 and 2008 models, two Mercedes Benz S-Class, Mercedes Benz GL450, 2007 model; Honda Accord 98 model, and Acura Legend among others.
“It is surprising that the men of the Lagos Task Force could still unlawfully invade this landed property which the claimant bought and paid for from the defunct African International Bank in 2003.
“The claimant had remained unchallenged over the landed property after the acquisition in 2003 until 2018, 15 years later, when the second defendant dragged him before the Lagos State Land Task Force against Grabbers, accusing him of trespassing and taking over his property.
“The Task Force exonerated the claimant after diligent investigation, following which the second defendant equally took him before the Economic and Financial Crime Commission (EFCC) over the same allegation and was also given a clean bill of health,” Mr Banire said.
The judge, Morenike Obadina, reacting to the applications of the claimant, said the defendants had filed a counter-affidavit before the court, but the claimant’s counsel said they had not been served and would file his reply as soon as he was served.
“I have carefully read the affidavit in support and the written address. I am persuaded that there is justification for court intervention to preserve the res for which the hearing of the motion on notice has been served and counter affidavit filed.
“Ordinarily, once a motion on notice of injunction is sent, parties are expected to stay all action regarding the subject matter of the suit pending the hearing of interlocutory injunction.
“Second defendant has filed a counter-affidavit to the motion on notice. I hereby fix the hearing of the application for Monday.
“Hearing notice should be issued to the defendants and the claimant should also respond to the counter-affidavits filed by the defendants.
The judge adjourned the hearing of the application until May 16.
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