Legal/Judiciary

Fraudulent breach of agreement: Landowner drags firm to court

By Francis IWUCHUKWU

A legal offensive has been launched against a firm over alleged breach of agreement on a parcel of land measuring approximately 1.183 hectares of land at Ologolo ancient village, Lekki-Epe Express Way, Eti-Osa Local Government Area of Lagos State.

The legal war designated LD/6846GCMW/2020, was instituted by a Lagos-based landowner, Christopher Folajoye Awosika and Esther Olufunmilayo Awosika against Carter-Tech Limited before a Lagos State High Court presided over by Justice Oyekan-Abdullah

Awosika, in the suit through his lawyer, Ade Oshodi, told the court that he rightfully purchased the said property from the Ologolo family, the original owners in 1996.

Awosika further posited that he had enjoyed peaceful possession of his land, and even rented the same to a company at some point as a storage facility.

However, according to him, events took an adverse turn when sometime in 2017, 21 years after he bought the land and 17 years after he had laboriously completed the sand filling and perimeter fence, executed a Finance and Development Agreement for the construction of 50 housing units over the property with (Carter-Tech Limited) the defendant.

The claimants’ contribution to the agreement was their land while the defendants were responsible for finance, construction and development.

The counsel also told the court that his clients’ agreed share of the subject property upon completion is 18 housing units while the defendant’s share is 32 housing units.

He also told the court that, “the defendants have since completed the subject property which they termed: ‘Atlantis 2’ and have refused to put the claimants in possession of their housing units despite repeated demands.

“In fact, despite the ages of the claimants who are both in their late 70’s, the defendants, Carter-Tech Limited through its Directors, Jerry, Samson and Mrs Olopade drove the claimants out of the premises when they approached them for their entitlement in the development and have since employed various nefarious means to deny them access to the land.

“This necessitated the claimants to institute the above action at the High Court of Lagos State claiming amongst other reliefs, the units they are entitled to under the Joint Venture Development Agreement and damages for the fraud perpetrated by Carter-Tech, the defendants.

“Notwithstanding, sometime in 2020, the claimants had obtained an order restraining the defendants from selling or alienating any of the 50 housing units, but the (Carter-Tech) defendants have flouted this order of the court and have been selling the housing units to unsuspecting third parties/public.”

Oshodi, therefore, urged the court to grant an application filed by the claimants to either order the defendants to deliver the claimants’ housing units to them or direct that the official receiver of the court takes over the premises pending the hearing and determination of the suit.

But the application was truncated by the application of Aluko & Oyebode to change counsel from one Yomi Alagbada who earlier acted for the defendants in the suit.

Yomi Alagbada however sought to challenge the change of counsel application because the defendant (Carter-Tech Limited) still owes his Chambers legal fees. Cater-Tech Ltd was, therefore, unable to resolve the issue of legal representation.

Justice Oyekan-Abdullah adjourned the matter till February 23, 2022, for further proceedings.

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