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IN THE HIGH COURT OF OGUN STATE

IN THE ABEOKUTA JUDICIAL DIVISION


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

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