By Jude-Ken Ojinnaka
Justice Yellim Bogoro of a Federal High Court sitting in Lagos has adjourned further hearing of the application for contempt proceedings filed against officials of Lagos State Development and Property Corporation (LSDPC) by three property owners in the State till January 17, 2024.
Specifically, the LSDPC officials mentioned for the alleged contempt are: Mr. Ayodeji Joseph and Adedamola Adepegba both LSDPC’s Managing Director and the Company Secretary/Legal Adviser respectively, the company’s Executive Director, Mr Olusodo, and the Deputy General Manager/Solicitor, LSDPC, Olubusola Omotayo Akinbiyi.
Others cited for contempt in the suit numbered FHC/L/CS/805/2023 are: Attorney- General of Lagos State; Registrar of Titles, Land Bureau Lagos State, and Federal Land Registry, Ikoyi, Lagos.
The alleged contemnors were dragged before the court by the trio of Owodipo Awolowo Shonowo; Owokemi Omogbemi Shonowo and Owodolapo Bosola Shonowo, the owners of the landed property.
The alleged contemnors were said to have acted in disobedience to orders of Justice Bogoro, which restrained them, their privies, agents and/or their assigns and all other officers or servants under their control from interfering, selling, entering, acquiring and dealing with or trespassing into the property situate at Plot 11 in the Residential Area presently now situate at Plot 11 Akinola Martins Close, South-West, Ikoyi, Lagos State (now known as No. 1a & 1b Okunola Martins Close, South West ikoyi, Lagos), which is the subject matter of the instant suit, in any manner whatsoever, pending the hearing and determination of the motion on notice.
The contemnors, apart from tampering with the ‘res’, were also alleged to have sold the property to a purported buyer, Villa Angelia Hotel Limited whose alter ego is one Chief Chidi Anyeagbu, popularly known as Chisco, despite the subsisting Court order.
The development compelled the applicants to write to the defendants to uphold the order of the court and stop further trespass on the property
Following the alleged disobedience to the orders of the court, the three applicants through their counsel, Mr. Adetunji Adedoyin-Adeniyi, filed Form 48 and Form 49 against the alleged contemnors and same was served on them.
At the resumed hearing of the matter on Thursday, counsel to the applicants, Adetunji-Adedoyin, informed the court that the court’s business for the day, was hearing of the committal proceedings against all the alleged contemnors, having been served with the hearing notice.
He told the court that the first contemnor’s, counsel just served him in court with his client’s counter affidavit to the contempt suit.
Responding, Counsel to the first Contemnor, Tope Kolawole, told the court that he has filed his client’s preliminary objection to the suit and same has been served on the plaintiffs’ counsel. He added that his client, LSPDC has already joined issues with the contempt
Also, Mr. S. N. C. Ugoeke, counsel to Chief Anyeagbu, a.k.a. Chisco, also informed the court of his client’s intention to join in the suit.
Other alleged contemnors through their counsel, who include: Kehinde Otiyemi, B. T, for Lagos State Ministry of Justice, equally told the court that they are yet to file their processes and asked the court for a short date.
Justice Bogoro, by the consent of the parties adjourned the matter to January 17, 2024, for the hearing of the preliminary objection to the contempt suit.
Owodipo Awolowo Shonowo, one of the property owners and an applicant in an Ex-parte motion, in an affidavit in support of the motion ex-parte, averred that himself and two others became owners of the property by virtue of an Instrument of Transfer of Leasehold dated 9th October 1965 executed between Real Properties Limited and the plaintiffs wherein they became joint owners of the said property and Notices to the Registrar of Title all dated 9th October, 1965 were issued to the plaintiffs respectively and Real Properties Limited.
He stated that the transfer of title to the property was registered accordingly, and the transaction was consented to on 11th October, 1965 by the Minister of Lagos Affairs.
The deponent stated further that during the plaintiffs lease period and up till date which is about fifty-eight (58) years since being owners of the property, the owners have been in lawful possession and have been exercising all rights of ownership over the property without any let or hindrance.