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U.S-based Nigerian doctor drags Army Major to court over alleged trespass on property

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By Onyewuchi Ojinnaka 

A U.S based Nigerian medical practitioner Dr. Ijeoma Nduka-Nwosu, has dragged  a Nigerian Army officer, Major Joseph Adebiyi  before the Lagos State High Court over alleged trespass on her property located at Olugborogan Village, Lekki, Lagos State.

In the  Suit No. LD/14323LMW/2023,  Dr. Nduka-Nwosu stated  that she is the rightful owner of the parcel of land measuring 2912.150 square metres which she purchased in 1992 from the Sule Olusesi Chieftaincy Family.

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The medical doctor claimed that she had maintained uninterrupted possession of the property since the purchase and made substantial investments on the property including constructing a residential building that had reached a habitable stage.

She expressed  surprise in  December 2021 when some thugs allegedly acting under Major Adebiyi’s order invaded the property resulting in extensive damage valued at over N25 million.

She claimed that the attackers destroyed the perimeter walls and stole all construction materials, while threatening her workers and asserting that Major Adebiyi had taken over the land.

Dr Nduka-Nwosu further claimed that the incident was reported to various law enforcement agencies including the Lagos Task Force on Land Grabbing, adding that the matter escalated after Major Adebiyi allegedly attempted to misrepresent ownership of the land through a questionable Deed of Assignment, which was later confirmed as fraudulent by the Authorities after  investigations, with key signatories denying any association with it.

The plaintiff averred that at some point, Major Adebiyi tried to twist the matter by petitioning the police over an alleged harassment on him,  but after a thorough investigation,  the  Police  dismissed the allegation.

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In the  suit filed by the plaintiff, she is seeking multiple reliefs, including a declaration of her ownership of the land;  an injunction to prevent further trespass by Major Adebiyi and his agents; and N50million as  damages for the alleged destruction, emotional distress, repair costs, and general trauma caused by the attacks on her.

Meanwhile in a statement issued on her behalf  by the Head of Chambers, Ubani & Co, Legal Practitioners, Mr Joseph Igwe, Dr. Nduka-Nwosu claimed  that despite the ongoing legal proceedings and evidence against  Major Adebiyi, he  has continued to harass her and disrupt her lawful possession of the property.

In the statement, Igwe noted that Major Adebiyi has not filed any defence to the suit against him but has instead, continued  to lay claim to the property and is presently attempting to re-survey the property. 

Part of the statement reads: “This suit has since 2023 been served on Major Adebiyi, with an application for interlocutory injunction, but till date, he has been unable to file any defence to the suit, and rather than filing a defence, he continued trespassing on the land as if no legal action has been instituted against him.

“When the two persons he allegedly sold the land to, discovered that his claim to ownership was fraudulent; they reported the matter to EFCC. The agency promptly arrested him and commenced an investigation which confirmed that he is not the owner of the plots of land.  

“He has presently re-surveyed the land and is attempting to sell to other gullible prospective buyers.

“We are using this means to warn all prospective buyers to beware as they will be defrauded and lose their money as Major Adebiyi does not have an entitlement to the land. The matter is lis pendes.” the statement added. 

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