Retired Judge, Businessman In Legal Tussle Over Property

 

A businessman and landowner, Mr. Isaac Oghale Ikede, has asked the Lagos State High Court, sitting at Osborne Ikoyi, Lagos, to recover his property, which he claimed was fraudulently acquired by Reverend (Mrs.) Nwakife Onuzo.

The landowner made the passionate appeal, before Justice Taofikat Abdullahi-Oyekan, while testifying as the sole defence witness, in a suit filed by retired Justice Grace Onyeabo and her friend, Reverend (Mrs.) Nwakife Onuzo on 18th October 2022 at the Lagos High court with Justice Oyekan presiding during the hearing.

In his testimony before the court, Mr. Ikede stated that the Claimants, (Retired Justice Onyeabo and Reverend Onuzo) do not have any claim against him, adding that he is the legal owner of Duplex C7, as declared by consent judgment in suit numbered LD2320GCM/18, and the terms of settlement dated July 11, 2018, entered by honourable Justice Onigbanjo.

The Claimants, retired Justice Onyeabo, and Reverend Onuzo, had in their suit marked LD/7735GCM/2021, listed Joseph Umunna and an Unknown person, as respondents who sold the property to them.

The Claimants asked for an Order of Interlocutory Injunction, restraining the defendants, their servants, agents, and or privies, from trespassing on their properties at Unit C6, Amber Court/Mews and Unit C7 Amber Court/Mews, Osapa London, off Lekki Epe Expressway, Lagos State pending compliance with Pre-Action Protocols and the hearing and determination of the main suit.

Specifically, retired Justice Onyeabo in an affidavit in support of the suit claimed that she is the owner of a four-bedroom Maisonette/Mews lying, being and situate at Unit C6 Amber Court/Mews in Osapa London, Lekki Expressway, Lagos State, otherwise referred to as Unit C6 – Amber Mews, Agungi, Lekki Expressway, Lagos State.

She also stated that she has been in undisturbed possession of the property since in or about October 2020.

The Claimants stated that unless the Defendants are restrained, they would suffer serious mischief.  They stated that the application is in the interest of justice and unless granted they would suffer irreparably.

But, in his oral testimony in the court on October 18, 2022, Mr. Isaac Ikede stated that he signed a Joint venture agreement with one Emmanuel Obire, the MD of MIDC Ltd (multipurpose infrastructural development construction Ltd) to develop six plots of Land in Osapa London, at Lekki. Clauses 10a, 10b, 13c and clause 22 of the JV agreement prohibit the developer from engaging in off-plan sales.

He stated that Clause 10b specifically states that it is only upon completion of the project that Mr. Ikede will execute a deed of assignment to transfer the houses allotted to the Developer before the developer can commence sales.

However, acting in violation of the JV agreement, Mr. Emmanuel Obire commenced off plan sale immediately he moved to site and allegedly sold all their share of the estate and even two Houses belonging to the Landowner.

It was in that circumstances that Retired Justice Grace Onyeabo and Rev Mrs Nwakife Onuzo bought two duplexes without asking to conduct legal search on the title document nor studying the JV agreement that restricted off plan sales.

However, the landowner, upon becoming aware of the plaintiffs’ suit, applied to be joined as a defendant in the suit, and the application was granted.

Following granting his application to be joined in the suit, Mr. Ikede filed his statement of defence with a witness statement on Oath to the suit.

The landowner in his witness statement on oath denied all the depositions made by Justice Onyeabo in her affidavit in support of their suit and maintained that he is the owner, and in possession of all that parcel of land lying, being, and situate at Osapa Village in Eti-Osa Local Government Area of Lagos State, measuring 4, 242. 217 square meters covered by a Governors consent.

He stated that the retired Judge, and her friend are unknown to him and that he did not sell/transact any business with them, let alone executed a deed of assignment or any other instruments transferring title to the retired judge, except Prophet Olusegun Adedokun, whom he sold Block C7 with a duly executed deed of assignment dated June 21, 2018.

He further stated the man who bought the same duplex C7 from the Landowner had spent N4.70 million to bring the duplexes to his taste. He added that the second claimant ‘is hereby put into the strictest proof to the contrary if he signed any documents to prove the alleged sale of his property to Rev. Mrs Onuzo.

He stated that Duplex C6 belongs to MIDC as listed in suit no. LD/2320/GCM/18 on the consent judgement, which shows the sharing of all the duplexes in the estate.

Ikede told the court that he does not have any interest in Justice Onyeabo’s transaction with MIDC on Duplex C6. Adding that in a counter affidavit filed by the first defendant company, MIDC Limited in suit no LD/2320/GCM/18, MIDC Limited, there was an attempt to cover up, and thereby they contradicted themselves.

He stated further that he has never met nor discussed with the 2nd Claimant (Reverend Mrs. Nwakife Onuzo) nor was he ever presented with a draft of N38 million as the first defendant fraudulently stated in their affidavit, adding that it was an attempt to deceive the court.

Ikede further stated that the letter of allocation dated October 3, 2018, which the second claimant relied on, only allocated mews C4 to her and not duplex C7 which belongs to him.

Mr. Isaac Ikede also stated in court that he was already writing a petition to the National Judicial council on this matter, upon discovery of the alleged fraud.

In his testimony, Ikede told the court that it is customary for every prospective buyer of a property to conduct a diligent legal search on the title of any property before payment of money, stressing that had the second Claimant conducted a Legal search, she would have discovered that the first defendant and his firm do not hold title to the Duplexes.

He told the court that even the Joint Venture Agreement, signed between the first defendant company (MIDC Ltd), and himself specifically prohibited the first defendant and his company from making any sale without his consent, until the full completion of the estate when he will sign a deed of assignment to transfer the share of the first defendant company to them before they can sell.

Ikede added that the first defendant was never a signatory, nor a party to the Joint venture agreement signed in March 2014. He stated that when he petitioned the real Chairman/Managing Director of MIDC LTD, (Mr. Emmanuel Obire) to the Inspector General of Police for the fraudulent sale of his properties, he (Obire) allegedly went into hiding to avoid Police arrest/prosecution.

He stated that Obire later appointed the first defendant, who allegedly has links with the Nigerian Police to act as Managing Director of MIDC Ltd, in order to shield Mr Obire from prosecution by the Police.

He said contrary to the timelines stipulated in the Joint Venture Agreement, the first Defendant’s company, MIDC Limited, failed to commence work on the Project site in accordance with the Joint Venture Agreement and did not complete the project on December 15, 2015 but delayed it for eight years because they spent time to design and approve cheaper and inferior building types different from the ones submitted when signing the Joint venture agreement to cut costs before moving to the site. A project that was meant to be completed within 24 months was delayed for 8 years.

He averred that consequent upon the failure of the first Defendant, he served a Notice of Termination of the JVA dated January 26, 2018, on the first defendant’s company, MIDC Limited, and was duly acknowledged.

He also told the court that he instituted an action against the first defendant company, MIDC LTD in 2018 at the Lagos High Court in Suit LD/2320GCM/18.

He stated that following the said suit, the parties resolved to submit their dispute to Mediation through the Lagos Multi-Door Court House and subsequently executed terms of Settlement dated July 11, 2018, as full and final settlement of the claims in Suit No. LD/2320GCM/18.

He said the Terms of Settlement were subsequently entered as Consent Judgment on October 22, 2018, by Justice S. A. Onigbanjo, which became the terms of settlement and subsequent court Judgment.

He stated that notwithstanding the clear provisions of the Consent Judgment, the first defendant, MIDC Limited, failed to complete, and deliver the Housing Project by the deadline of March 31, 2019, stipulated in the Judgment, seven years after signing the Joint venture agreement that was expected to last for a maximum period of 2 years.

He stated that the first defendant breached Clauses 10a, 10b, and 13c of the Joint venture agreement, which specifically forbids off-plan (pre-completion) sales by the first defendant, of any Duplex in the Estate before completion and handover.

The agreement expressly states “the Developer cannot assign or transfer its interest in the estate to any third party without the consent of the landowner as in clause 13c of the Joint venture agreement.”

He stated that contrary to the provisions of the Judgment, and the Joint Venture Agreement, rather than complete the housing project, the first defendant illegally sold off each of the completed housing units without his consent and in contravention of clauses 10a, 10b, and 13c of the Joint venture agreement whilst failing to hand over the shares of already completed units of the buildings to him.

He stated that the first defendant and his managing Director personally confirmed that they had sold (without any Legal title document), the two units of the semi-detached duplex and the four units of the terrace duplexes belonging to him for N280 million and pocketed the money.

This he said contravened the provisions of the Joint Venture Agreement, and Consent Judgment, conduct that amounted to contempt of court.

He also stated that the second defendant (Reverend Onuzo) is not entitled to all the reliefs sought and her claims are unfounded, frivolous, vexatious, and gross abuse of judicial process and same should be dismissed with substantial costs.

He consequently asked the court for a declaration that by virtue of the Judgment of the High Court of Lagos State delivered by the Honourable Justice S. A. Onigbanjo in Suit No. LD/2320GCM/18, and the resultant sharing of the properties in the estate on a 50/50 ratio, any purported sale of duplex C7 by the first defendant to the third party is null and void and of no effect.

Ikede is also asking for a declaration that the first and second Claimants, (Retired Justice Onyeabo and Reverend Onuzo) do not have any claim against him.

‘’A declaration that he is the legal and equitable owner of Duplex C7 by consent Judgment in suit number LD2320GCM/18 and the terms of settlement dated July 11, 2018, entered by honourable Justice Onigbanjo.

‘’An order of the court mandating the first defendant to refund the sum of N67.20 Million, spent by him on the various works abandoned by the first Defendant.

Meanwhile, Justice Abdullahi-Oyekan has adjourned till December 1, for the adoption of written addresses by parties in the suit.