Court orders parties to file written address in suit against WAEC
A Lagos High Court sitting in Ikeja has ordered parties to file their written address in a suit filed against West African Examination Council (WAEC) and others. The court subsequently fixed December 12 for hearing on the suit, which was filed since 2011.The trial judge, Justice Marian Emeya, gave the order following parties’ submissions in the suit when the matter was called last Thursday. The claimant, Mr. Kayode Euzibio, had instituted a suit delineated ID\920\2011, against Maxi Market Limited, the Attorney General of Lagos State, West African Examination Council (WAEC) and the Registrar of Titles, Lagos State, as first to fourth defendants, respectively over the land situated at Plot 6, Southern Industrial Estate, Agidingbi, Ikeja, Lagos.
However, the claimant counsel, Mr. Babatunde Oshilaja, prayed the court to order defendants to close their case. He alleged that defendants are delaying the matter for no justifiable reason.According to Oshilaja, though the defendants had called the only witness listed to testify in the suit since 2015, they however refused to close their case.He said: “My Lord, to put the record straight, we have appeared before the court for 20 times since June 18, 2015. The second defendant refused close his case. As a matter of fact, they have asked for adjournment five times and my client is frustrated.
“We have waited for four years. There is nothing they are bringing before the court. They listed one witness and the witness had testified.“My humble prayer is that the court should ordered them to close their case.”However, the defendants counsel, Mr. Olakunle Ajala, informed the court of his witness was presence in court and that the court had since subpoenaed the witness to furnish court with a document (survey plan).
At this time, the witness, Mr. Ayokunnu Adesina, was asked to tender the document, which he did (but not survey plan) and it was admitted as exhibit.Justice Emeya therefore ordered counsel to file their written addresses and consequently, adjourned the matter till December 12, for adoption.The claimant had through his lawyer, sought court declaration that he is entitled to the statutory right of occupancy in respect of the disputed land.
In his statement of claim, he averred that he did not appoint either
directly or an agent to sell the said land to WAEC International, hence, there was no sale or transfer of possession of the disputed land to the 2nd defendant.He added that as far back as 1985, he obtained by
purchase, four plots of land measuring 3233.643 square metres from Maxi Market Limited through the company’s Managing Director Olusola Omoniran (now deceased).
He also claimed that the 1st and 2nd defendants had, without his consent and against his interest, wrongfully, illegally and unlawfully, entered, occupied and are on his plots of land, and have commenced preparation for buildings and construction works on the disputed land.However, the 1st and 2nd defendants in their counter affidavit dated November 2, 2011, stated that the lands in dispute had been the subject matter in suit ID/171/2006, and that judgment was entered on February, 2009, pursuant to the terms of settlement dated November 27, 2008, between the claimant and Maxi Market Limited (1st defendant).
The 1st defendant specifically added that it appointed its agent, Dr. Olulana, to negotiate with the claimant on the value of the said land and that after serious negotiation, the parties allegedly agreed to the conclusive payment of the sum of N25 million, which was paid to the claimant as the final settlement of his claim of land. The defendants added that the institution of the suit by the claimant after he had collected N25 million was an afterthought.
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