A businessman, Abdullahi Olayemi and his firm, OK Properties Ltd have filed a N500 million suit against an estate developer, Owolabi Balogun and his firms before the Lagos State High Court for alleged human rights violation and breach of contract.
The claimants are praying the court for an order giving effect to his rights of occupancy as enshrined in the Certificate of Occupancy registered and issued in his favour in respect of expanse of land situate at Models Village, Olajuwon Street, Surulere area of Lagos State.
The claimants who prayed for an order of the court compelling the defendants to allow him, his agents, privies and servants “to have unhindered and undisturbed access to the land covered by Certificate of Occupancy registered as No 96A at page 96A and in volume 2011s issued in his favour in Surulere Local Government Area of Lagos State also prayed for an order awarding general damages of N500 million against the defendants.
Joined as defendants in the newly filed suit are Owolabi Kolawole Balogun, Coinbox Multipurpose Cooperating Society Ltd and Tranquil Solution Limited.
The defendants through their lawyer, Saint Louis Partners have accused the claimant of breaching the terms of the contract.
Specifically, they said the claimants, particularly, the first claimant, “wrote a letter to the financier of the said project, instructing the financier not to disburse fund to our clients, thereby impending the progress of the project where time is of essence.”
Besides, they argued that the claimant raised, “baseless claims of rights not specifically provided in the contractual terms.”
In the letter signed by Eze Ugochukwu Clinton, the defendants threatened to “proceed to court to claim N200 million damages for breach of contract” if the claimants “remain uncompromised with our settlement effort in compliance with the pre-action protocol”.
However, the claimants in the suit by their counsel, Tijani Ishola & Co prayed the court among other things to determine whether by virtue of the Memorandum of Understanding (MOU) between them and the defendants is enforceable having regards to clauses contained there in for the protection of the right of parties.
The claimants prayed the court to determine whether the breach of the MOU by the defendants without due regards to relevant clauses can be entertained by the court initiated by the claimants.
Besides, claimants urged the court to determine whether seeking a legal redress is justifiable against the threats to first claimant’s life, which emanated from “flagrant breaches of the MOU by the defendants which is inimical to the interest of the claimants.”
The suit, a result of alleged breach of contract between the claimants and defendants came up after the claimants accused the defendants of, “sideline the claimants to illegally take over the land without due regards to the existing agreement.”
The first claimant who argued he brought in the defendants to develop the expanse of land into an estate when he couldn’t raise fund, said he was shocked that rather than follow the agreement reached by parties, the defendants was having meetings with other parties in order to illegally take over the land from him.
According to him, after his discovery of the improprieties from the defendants, he challenged the first defendant (Kolawole Balogun) who subsequently sought a peace meeting, which he (Claimant) couldn’t attend but was surprised when Balogun allegedly came to his office and wound him with an iron rod.
The claimant said the matter was reported at the police station, where they were advised to settle amicably, and he “agreed to the sharing formula of 22 housing units to the claimants as against the 28 housing units previously agreed to both the claimants and Defendants.”
