Law  

Court restrains ex-footballer, firm, over land

High Court

A Lagos State High Court has restrained a former Nigeria international footballer, Wilson Oruma and a firm, Dok Engineering Services Limited from entering a piece of land in Ibeju Lekki.

Justice W. Animahun granted an interim injunction restraining the defendants whether by themselves or their agents from attempting to enter, entering or alienating or in any way disturbing the claimant’s possession of all the land measuring 57,739.633square meters at Idasho Village, Elekan, Ibeju Lekki.

The order, granted for seven days on August 24, was to subsist pending the hearing and determination of the substantive motion on notice for interlocutory injunction.

The claimant, through its counsel K. C. Atuenyi, applied to the court for an extension of the order in the face of the long vacation to prevent the respondents from encroaching on the land while the suit was still pending.

Justice M. O. Obadina, who took over from Justice Animahun as the vacation judge, granted an extension of the order for another seven days. It will lapse on September 12.

The claimant, Megallus Nigeria Limited, is praying for an order compelling Oruma to assign and endorse all documents transferring his rights over the property.

In an affidavit of urgency, the claimant’s Managing Director, Ifeanyi Okafor, claimed that during the pendency of the suit and upon commencement of the long vacation, Dok Engineering “in collusion” with the Oruma, “forcefully beset the land” and started erecting fences and partitioning the property in dispute into two equal halves.

The claimant said it was in the bid to hoodwink the court into believing that it (Dok Engineering) is in actual possession, and which we verily believe is also an act preparatory to selling and/or alienating same in a manner that will render nugatory any eventual judgment of the Court.
Megallus Nigeria accused the respondents of contempt and urged the court to hear the suit urgently.

The claimant said sometime in August 2013, Oruma offered it a parcel of land for sale, and it made a part-payment of N5million out of N90million, with the balance to be paid in four months.

The claimant said due to its inability to complete the balance, a new payment plan was drawn up, in which he paid additional N15million, with the balance to be paid by March 31, 2014.

The firm said when it sought to complete the payment and presented Oruma with eight managers’ cheque on March 31, 2014, totaling N70million, 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.

Justice Obadina adjourned until September 8 for hearing of the motion on notice.



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