Court revokes sales of land to WAEC

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A Lagos High Court sitting at Ikeja has revoked the sales of four plots of land illegally sold to the West African Examination Council (WAEC).

Delivering judgement in suit number ID/920/2011, Justice Mariam Emeya held that the four plots of land located at Southern Industrial Estate, Agidingbi Ikeja, was illegally acquired and should be returned to the owner.

The court held that there was no negotiation, agreement, sale, alienation or assignment in writing by the claimant on his four plots of land to WAEC (International) nor did he appoint any person whatsoever in any capacity to carry out any negotiation.

The claimant, Kayode Euzebio had in suit number ID/920/2011, sued the West African Examination Council (WAEC) Maxi Market Limited (1st defendant) , the Attorney General of Lagos State (2nd defendant) and the Registrar of titles, Lagos state (4th defendant) over a parcel of land known as plot 6, Southern Industrial Estate, Agidingbi Ikeja, Lagos.

Euzebio, through his lawyer Babatunde Oshilaja urged the court to invoke disciplinary jurisdiction of the court and restrain the defendants from taking any action on the disputed land pending hearing and final determination of the suit.

The claimant had told the court that the 1st and 2nd defendants without his consent and against his interest wrongfully, illegally occupied his plots of land and have commenced preparation for buildings and construction works on the disputed land.

Justice Emeya in her judgement, held that WAEC   without consent of the claimant, Kayode Euzebio and against his interest illegally entered and occupied the land.

The court held that there was no sale of the four plots of land belonging to the claimant for the reason that the order contained in the consent judgement entered into by the first defendant and the claimant was not followed.

The court held that in line with the consent judgement the claimant is entitled to the ownership of his four plots of land out of the entire parcel of land known as plot 6 Southern Industrial estate, Agidingbi.

The court held that parties agreed to joint sale of the entire parcel of land on the condition that the sale shall be to the buyer who has demonstrated interest in the property.

Justice Emeya held that the claimant ought to have been issued a bank draft in his name directly and from source, that is the buyer upon the sales of the parcel of land as contained in the consent judgement.

The court held that the N25 million allegedly paid into his bank account was in violation of the consent judgement entered into by the claimant and the first defendant hence there was no valid sale of his four plots of land.

It is the contention of the claimant that pursuant to terms of a settlement dated October 27, 2008 in respect of a parcel of land known as plot 6, Southern Industrial Estate, Agidingbi Ikeja, Lagos, parties in the suit agreed to a joint sale of the disputed land.

By the consent judgment of Justice Samuel Candide-Johnson, the first defendant (Maxi Market limited) was said obliged to jointly with Euzebio carry out the sales the sales of the land. Meanwhile, the first defendant sold the land to West African Examination Council (WAEC) International and against the terms of judgment posted the sum of N25 million into Euzebio’s account without his consent.

Consequently, the claimant prayed the court to stop Lagos state government from either granting statutorily consent under the Land Use Act to WAEC (International) or Maxi Market for the purported alienation of the claimant’s four plots of land.

 

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