By Onyewuchi Ojinnaka
Five beneficiaries (claimants) of an estate have dragged a Lagos-based land developer, Yoriola Olatunji (defendant), to court for alleged fraudulent land deal and trespass on their land.
The claimants are: Abosede Cooper, Omotunde Amodu, Babaseinde Johnson,Modupe Aderinoue and Adebayo Egunjobi.
The claimants through their lawyer, Mr Enitan Afolabi, filed the suit before an Igbosere High Court, Lagos, claiming sum of N50 million as exemplary damages against the defendant.
In their statement of claim in a suit before Justice M. Olokoba, the claimants averred that sometime in 2014 they entered into a development lease agreement with a land developer, Yoriola Olatunji (defendant).According to the claimants, the lease agreement was for a parcel of land situated at No. 57, Queens Street, Alagomeji, Yaba, Lagos.
The claimants stated in their claims that the developer entered into the lease agreement with the name Tubol Properties Enterprises Nigeria Ltd as a limited liability company.
They alleged that after the lease agreement had been executed, they found out that the company was not a legal personality (not registered under the Act).
They further alleged that due to the fraudulent activities of the defendant, they were unable to enter into a valid legal agreement with a genuine developer, thus making it difficult for them to develop their land.
Consequently, the claimants want the court to declare that the purported lease agreement entered is null, void and of no effect whatsoever as the lease therein is non-existent.
Furthermore, they want the court to give them the possession of the land.Besides, the claimants want the defendant to pay them sum of N50 million as damages.
However, in his statement of defence, the defendant through his lawyer, Mr Olumide Lapite, urged the court to dismiss the claimants’ claim, “as the claim is frivolous, vexation and lacked merit.
The defendant among other issues averred that he has been doing business under the name, ‘Tubol Nigeria General Enterprises’ which was registered in 1999.
The defendant also averred that he had an understanding with the lawyer that prepared the lease agreement that he intended to upgrade the business name into a limited liability company with the name Tubol Properties Enterprises Nigeria Ltd.
When the case came on Monday for hearing, Afolabi who is counsel to the claimants told the court that pleadings have been closed.Afolabi submitted that he has served the defendant’s counsel a copy of the statement of claim, adding that the defendant has replied with their statement of defence.
He also told the court that he has replied the defence on points of law.
However, after his submission, Justice Olokoba, adjourned the matter until May 13 for further hearing.