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The High Court of Lagos State, presided over by Justice O Sule-Amzat has stopped a real estate firm, UACN Property Development Company Plc (UPDCPlc) from dissipating, disposing, or tampering with a parcel of land measuring 5, 306. 989 square meters, situated along Bishop Aboyade Cole Street, Victoria Island, Lagos State, pending the hearing and determination of the suit filed against it.
The judge arrived at the decision while handing down a bench ruling on an application for a preservative order on the said landed property brought before the court by one Oluwafemi Ayodele through his team of lawyers, who include: Gboyega Oyewole (SAN), Kolawole Salami, Ademola Adefolaju, and Tobiloba Oyewole.
In his ruling, Justice Sule-Amzat held that “I have listened to the Learned Silk, Gboyega Oyewole (SAN) praying the court for a preservative order to maintain status quo in order to forestall the dissipation of the ‘res’. I have taken cognisance of the fact that the preservation of the ‘res’ would serve the better end of justice.
“I am also mindful that there is a need to hear the other side and prevent the breakdown of law and order, parties in this suit are hereby ordered to maintain status quo pending the hearing and determination of this suit.”
It would be recalled that the claimant, Oluwafemi had in his Originating Summons brought pursuant to Section 272(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) had asked the judge for the following reliefs; “A declaration that the contract duly executed by him and the defendant (UPDC Plc), based on the offer letter dated September 28, 2022, is valid and subsisting having regard to the acceptance of same and payment of consideration.
“A declaration that the defendant is not entitled to renege on the valid and subsisting contract between him and the defendant constituted vide an offer letter dated September 28, 2022, and acceptance of same with the due payment of the consideration for the offer.
“An order of specific performance in the following terms: “Execution of the Deed of Transfer by the defendant over the offered parcel of land measuring 1000 Square Metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.
“Handover of all title documents in relation to the said parcel of land measuring 1000 Square Metres covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos situate to the Claimant.
“Execution of all relevant documents necessary to vest proper title over the parcel of land measuring 1000 Square Metres in the claimant. And the cost of filing the suit.”
In his affidavit in support of the Originating Motion deposed to by Kayode Adeboye, a Litigation Clerk in the firm of Lords and Temple Attorneys, the lawyer to the claimant stated that sometime in September 2022, the claimant instructed his agent, Adekola Titilayo of Tilee Global Trust Limited to submit an application to the defendant for the purchase of a parcel of land measuring 5, 306. 989 square representing the portion of the entire land covered by a Certificate Of Occupancy dated August 28, 2006, and registered and numbered as number 99 at page 99 in Volume 2006R by the piles, situated along Bishop Aboyade Cole Street, Victoria Island, Lagos State.
The deponent contended that sequel to the submission of the application, a series of meetings and discussions were held between the claimant, his agent, and the representatives of the defendant, at the instance of the defendant, and that upon the close of discussions, the defendant, vide an Offer Letter dated September 28, 2022, agreed to sell only 1000 Square Metres from the 5,306.989 situate along Bishop Aboyade Cole Street, Victoria Island, Lagos State to the claimant for the sum of N600, 000, 000.00 (Six Hundred Million Naira) only inclusive of taxes and charges.
He further posited that as one of the conditions for the Offer, the claimant promptly communicated his acceptance of the Offer on September 29, 2022, and proceeded with the payment of the agreed purchase price of N600 million, to the defendant’s bank account.
The deponent explained that upon completing the payment of the purchase price, the claimant instructed his agent, Adekola Titilayo of Tilee Global Trust Limited, to notify the defendant of the payment of the purchase price, which the agent promptly did vide his letter dated October 25, 2022, and that vide the letter of October 25, 2022, the claimant also requested for a date and time for the surveyors of the parties to meet to enable them measure/carve out the portion offered for sale to him, and to enable the claimant to prepare the necessary transfer of title documents for execution.
He revealed that despite the service of the letter of the claimant’s agent dated October 25, 2022, the defendant refused to respond or acknowledge the receipt of the payment for the parcel of land measuring 1000 Square Metres, representing, the portion of the entire land area covered by the piles, situate along Bishop Aboyade Cole Street, Victoria Island, Lagos State, offered to the claimant vide the contract dated 28th September 2022.
The deponent insisted that due to the defendant’s refusal to either respond or acknowledge the receipt of the payment of the purchase price, being the sum of N600 million, the claimant instructed his Solicitor, Ayoola Babalola, to serve another letter on the defendant emphasising the binding contract between the parties, while also requesting for a date to enable the surveyors to meet for the carving/separation of the offered 1000 Square Metres from the 5,306.989 Square Metres representing the portion of the entire land area covered by the piles, situate along Bishop Aboyade Cole Street, Victoria Island, Lagos State.
He revealed that in compliance with the claimant’s instruction, Ayoola Babalola, vide his letter dated November 2, 2022, informed the defendant of the claimant’s dissatisfaction with the way and manner in which the transaction was being handled after the claimant duly communicated his acceptance of the Offer and paid the consideration for the said parcel of land.
The deponent further stated that upon the service of the letter dated November 2, 2022, a meeting was conveyed at the instance of the defendant on November 3, 2022, to discuss and address the delay in carving out the offered 1000 Square Metres from the 5,306.989 Square Metres representing the portion of the entire land area covered by the piles, situate along Bishop Aboyade Cole Street, Victoria Island, Lagos State.
He maintained that as a result of the claimant’s observation during the meeting on November 3, 2022, the claimant, through his Solicitor, Ayoola Babalola, delivered a letter dated November 3, 2022, to the defendant in which he informed the defendant of the willingness of the claimant to accept the plain land beside the piled portion which is still open and available without any extra cost.
But to the dismay of the claimant and contrary to the copious terms of the valid and binding contract dated September 28, 2022, the defendant, vide its letter dated November 9, 2022, informed the claimant that the parcel of land measuring 5.306.989 Square Metres, representing the entire land area covered by the piles, situate along Bishop Aboyade Cole Street, Victoria Island, Lagos State or any part thereof, was no longer available for sale.
The deponent insisted that due to the arbitrary and unilateral termination of the binding contract by the defendant vide its letter of November 9, 2022, the claimant instructed his Solicitor, Gboyega Oyewole (SAN), to serve a Pre-action Notice on the defendant in compliance with the 2019 Rules of the court.
The matter has been adjourned until February 7, 2023, for further proceedings. Justice Sule-Amzat also ordered that a hearing notice be served on the defendant.
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