Court hears suit against ex-football international February 7
The plaintiff is praying Justice Christopher Balogun for an order of specific performance compelling Oruma to immediately assign and endorse all documents transferring his rights over a property in Lekki to Megallus Nigeria.
The firm, alternatively is praying for special damages in the sum of N450million, being the value of any similar land of same dimension and similar features within the location as the land in dispute.
The claimant said sometime in August 2013, Oruma offered it a parcel of land for sale, measuring 57,739.633square meters at Idaso Village, Elekan in Ibeju Lekki.
Megallus Nigeria said it made a part-payment of N5million out of N90million, with the balance of N85million to be paid within four months. The claimant said due to its inability to complete the balance on time as agreed, a new payment plan was drawn up, in which he paid additional N15million, with the balance of N70million to be paid by March 31, 2014.
Megallus Nigeria said when it sought to complete the payment and presented Oruma with eight managers cheque on March 31, 2014, totaling 70million, the defendant allegedly refused to collect the cheques and also did not execute the instruments of transfer, including deed of assignment.
The claimant said the former footballer instead offered to refund the N20million part payment rather than collecting full payment.According to Megallus Nigeria, Oruma claimed that he received an offer double what the claimant first offered and therefore would not accept a lesser offer.
The claimant said the defendant “is estopped from reneging on an obligation voluntarily contracted and upon which the claimant had already furnished consideration to the extent that it can no longer revert to its former position.”
Megallus Nigeria said Dok Engineering (the second defendant), which claimed to have also bought the land from Oruma, cannot rely on any agreement between it and the ex-footballer to overreach the claimant’s initial agreement with Oruma.
The firm therefore prayed for an order nullifying any sale or transfer of the land to Dok Engineering or any other person from the first defendant.But the defendants, represented by S. Ugoeke (for the 1st defendant) and Mrs Tolulope Moseli, prayed the court to dismiss the suit.
Oruma claimed the plaintiff did not pay for the land in line with the agreement, while Dok Engineering said it acquired the land legally, adding that the suit is unmeritorious.
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