This document contains the 2nd defendant's statement of defense in a land dispute case in the High Court of Ogun State. It makes the following key points:
1) The 2nd defendant denies the claims and allegations made against it in the plaintiff's statement of claim.
2) The disputed land was originally compulsory acquired by the Ogun State government and a portion was later released to the 1st defendant's family.
3) The 2nd defendant purchased the land in question through an assignment from an industrial company that had obtained rights over the land from the 1st defendant and ratification from the Ogun State government.
4) The 2nd defendant asserts it has valid title and rights over
This document contains the 2nd defendant's statement of defense in a land dispute case in the High Court of Ogun State. It makes the following key points:
1) The 2nd defendant denies the claims and allegations made against it in the plaintiff's statement of claim.
2) The disputed land was originally compulsory acquired by the Ogun State government and a portion was later released to the 1st defendant's family.
3) The 2nd defendant purchased the land in question through an assignment from an industrial company that had obtained rights over the land from the 1st defendant and ratification from the Ogun State government.
4) The 2nd defendant asserts it has valid title and rights over
This document contains the 2nd defendant's statement of defense in a land dispute case in the High Court of Ogun State. It makes the following key points:
1) The 2nd defendant denies the claims and allegations made against it in the plaintiff's statement of claim.
2) The disputed land was originally compulsory acquired by the Ogun State government and a portion was later released to the 1st defendant's family.
3) The 2nd defendant purchased the land in question through an assignment from an industrial company that had obtained rights over the land from the 1st defendant and ratification from the Ogun State government.
4) The 2nd defendant asserts it has valid title and rights over
HOLDEN AT ABEOKUTA SUIT NO: AB/287/12 BETWEEN 1. ALHAJI JAMIU ABDUL-AZIZ 2. MR. SABITU ABDUL-AZIZ 3. MR. ALAO MAKINDE ................................................... CLAIMANTS (for themselves and on behalf of MADAM TAIWO AZEEZ FAMILY) AND 1. MR. OMIDIJI ADEBAYO 2. CONTEC GLOBAL ENERGY LTD.......................................... DEFENDANTS
2 ND DEFENDANTS STATEMENT OF DEFENCE SAVE AND EXCEPT as hereinafter expressly set out and conceded, the 2 nd
defendant disputes and denies all allegations of facts contained in the Claimants statement of claim and where they comprise of questions of law, the 2 nd defendant, will found and rely on all the exceptions at law and equitable remedies applicable to such laws as if the same were herein set forth and relied upon. The 2 nd defendant shall by way of defence thereto aver as follows: 1. The 2 nd defendant states that the averments contained in this statement of defence do not howsoever constitute a waiver of its right to raise objection in limine to the Jurisdiction of this Honourable Court to entertain the claims of the Claimants as set out in thel statement of claim, and as it relates to the 2 nd defendant.
2. The 2 nd Defendant vehemently denies ALL the averments contained in the claimants statement of claim which relates to the 2 nd defendant
3. The 2 nd Defendant avers that all that parcel of land lying , being and situate at Magboro Akeran Village, K/M 32 Lagos - Ibadan Express Way and other adjoining lands were compulsory acquired by the Ogun State Government vide its agency, Ogun State Property and Investment Corporation for public use.
4. The 2 nd Defendant further avers that after the Government acquisition, the 1 st Defendant representing himself and the members of the Omidijis family applied for the release of a portion of the from the family land from the Ogun State Property and Investment Corporation.
5. The 2 nd Defendant avers that 2 hectares of land were released to the 1 st
Defendant.
6. The 2 nd Defendant avers that by virtue of a ..................................... dated................................... 2005, a portion of land measuring 1.616 Hectares within the 2 hectares of land released to the 1 st Defendant was assigned to Industrial Utility Company Ltd of No. 75, Isheri Road, Ojodu, Lagos State, by the 1 st Defendant acting on behalf of the members of Pa Ogundimu Omidijis family. The documents of the said sale are hereby pleaded and will be relied upon at the trial of this suit.
7. The 2 nd Defendant also avers that the compulsory acquired land in Lagos/Ibadan Expressway within Ogun State falls under 2klm Acquisition of Magboro/Akeran acquired by Ogun State Government. As such, all purchaser of land within the area were required to make an Application of Ratification to Ogun State Government to acquire a Certificate of Occupancy which is considered as a legal title.
8. By an application dated 10 th March, 2005, Industrial Utility Company Ltd applied for Ratification of Title Within Government Acquisition in Ogun State.
9. Vide a notification with reference no. LUD11/LD4/23, dated 16 th May, 2006, Ogun State Governor graciously granted the provisional approval of the re allocation to Industrial Utility Company Ltd of the parcel of land/property being at Magboro/Akeran and depicted on the survey plan.
10. Vide the above stated letter, Industrial Utility Company Ltd was granted a Statutory Right of Occupancy over the said land/property with stated terms and conditions
11. On the payment of the necessary fees in the sum of One million, Nine Hundred and Seventy Nine Thousand, Four hundred and Eighty Naira (N 1,979, 480) , the Ogun State Government issued a Certificate of Occupancy with number 025698 dated 9 th September 2007 and registered as No. 8 at page 8 in Volume 664 at the Land Registry in the Office at Abeokuta, Ogun State to Industrial Utilities Company stating that the Company is entitled to a Statutory Right of Occupancy in and over the land described in the Schedule and more particularly delineated in the plan.
12. Vide a notification with reference no. LUD11/LDA/83 dated 17/10/08, the consent of the Governor of Ogun State was granted to Industrial Utilities Company Ltd to alienate(by assignment) its Right of Occupancy or any part thereof on respect of the parcel of land/property covered by the Certificate of Occupancy with number 025698 , dated 9/9/2007 and registered as 8/8/664
13. The 2 nd defendant avers that by a Deed of Assignment dated the 18 th
day of September, 2008, Industrial Utility Company Ltd further assigned to the 2 nd defendant a parcel of land measuring 1.616 Hectatres described , known and situate within 2KL acquisition at Magboro/Akeran Off Lagos/Ibadan Expressway, Obafemi Owode Local Government Area, Ogun State. The deed of assignment is hereby pleaded and will be relied upon at the trial of this suit.
14. The 2 nd Defendant avers that prior to the assignment of the said land, due diligence was carried out by Akin Sanda & Co, a firm of Legal Practitioners and was advice to commence possession and occupation of the land by erecting a fence and temporary structures for guards on the premises. 15. The 2 nd Defendant avers that the said 1.616 hectares formed part of the 2 hectares of land that OPIC gave the Omidiji family as compensation to the family as a result of the initial government acquisition which was gazetted in the Ogun State Gazette. All documents and correspondences leading to the release of the land by OPIC to the Omidiji family are hereby pleaded and will be relied upon during trial.
16. The 2 nd Defendant avers that after the purchase from Industrial utility, took ALL necessary steps to register their own titles with the land registry, paying ALL relevant fees.
17. The 2 nd Defendant avers that he purchased good title from Industrial Utility after conducting search on the said property.
18. The 2 nd Defendant avers that the said property was part of the government acquisition in 1994 which was gazetted; the said gazette is pleaded and will be relied upon at trial.
19. The 2 nd Defendant avers that the 2 nd Defendant denies the entitlement of the plaintiff to all the reliefs and claims of the Plaintiff as contained on the statement of claim.
20. Whereof, the 2 nd Defendant urges the Honourable court to dismiss the claim of the Plaintiff in favour of 2 nd Defendant. Dated this 20 th day of November, 2013. Adewole Adebayo, ESQ 2 nd defendants counsel Pp: Adewole Adebayo & co. HOUSE OF LAW 1 st floor, Maina Court, Plot 252A, Herbert Macaulay way, CBD, Abuja
IN THE HIGH COURT OF OGUN STATE IN THE ABEOKUTA JUDICIAL DIVISION HOLDEN AT ABEOKUTA SUIT NO: AB/287/12 BETWEEN 4. ALHAJI JAMIU ABDUL-AZIZ 5. MR. SABITU ABDUL-AZIZ 6. MR. ALAO MAKINDE ................................................... CLAIMANTS (for themselves and on behalf of MADAM TAIWO AZEEZ FAMILY) AND 3. MR. OMIDIJI ADEBAYO 4. CONTEC GLOBAL ENERGY LTD.......................................... DEFENDANTS
WITNESS WRITTEN STATEMENT ON OATH I, RAMO, male, adult, (occupation), (religion), of (address) do hereby solemnly make on oath and declare as follows: 1. That I am an employee of the 2 nd defendant, by virtue of which i am conversant with the facts of this suit. 2. That I do not know the Plaintiffs in this suit. 3. That I know the 1 st defendant as the head of the Omidiji family. 4. That the