ABUJA: The Chief Judge of High Court of the Federal Capital Territory, Justice Hussein Baba Yusuf, has ordered a property firm, Multi-Shelter Nigeria Ltd and it’s Chief Executive Officer, Uche Okoli to vacate a property located at plot no. 713, Cadastral zone B14, Dutse district, Abuja, for one Dr. Ngozika Nwaneri.
The court also awarded the sum of N10m against Okoli and his company as general damages for trespass.
In addition, the court awarded the sum of N1m as cost of the action and another N162m, and N28m to a subscriber and 3rd Defendant/Counter Claimant, Mr. Henry Anuforo, as the cost he spent on building on part of plot 713 Dutse, sold to him by Multi-Shelter.
Okoli, Multi-Shelter and 18 others had dragged the Economic and Financial Crimes Commission, Dr Ngozika Nwaneri, a United States based surgeon and businessman before the court over the ownership of plot 713, Cadastral zone B14, Dutse District, Abuja.
Dr Nwaneri on his part filed a counter-claim, through his counsel, Dr. Lilian Ojimma, which maked him the 2nd defendant and counter claimant in the suit.
However, in his judgment, Justice Baba-Yusuf dismissed the claimants’ case and described their action as fraudulent.
The court frowned at the conduct of Okoli and his lawyers who continued building and selling lands in the disputed property while the case was pending, and despite a subsisting injunctive order granted by the court in November 2018.
More so, the Judge condemned the conduct of the Claimants’ counsel who joined parties in the suit and represented them in court without their consent.
The court further questioned the character and integrity of a lawyer and 3rd Claimant in the case, Mr. Hope Onyekwere, who testified on behalf of parties that neither knew him nor authorized his testimony on their behalf.
“In conclusion, the respective cases of the 1st, 2nd and 3rd sets of Claimants fail and are dismissed, the 2nd as well as the 3rd defendant’s respective counterclaims succeeds in the term already set out above, and the counter-claim by the 4th -7th defendants are struck out.
“A declaration is hereby made that the 1st claimant who held himself out as a property agent, estate developer and consultant owe the 2nd Defendant/Counter Claimant a duty of care in purchasing the three plots of lands on behalf of the 2nd Defendant/Counter Claimant which duty was breached by the 1st Claimant’s failure and or refusal to carry out any due diligence whatsoever on the status of the plots before payment for them.
“A declaration is hereby made that the act of the 1st Claimant, who held himself out as a property agent, estate developer and consultant, in purchasing three plots of land for the 2nd Defendant/Counter Claimant without carrying out any due diligence whatsoever is negligent and/or fraudulent and for which the claimants are liable for the loss resulting therefrom.
“A declaration is hereby made that the 2nd Defendant Counter-claimant is entitled to restitution for the three plots of land which the 1st Claimant/Defendant purchased for the 2nd Defendant/Counter Claimant without carrying out any due diligence whatsoever and which plots were declared forged by the Land Registry (i.e. Abuja Geographic Information System).
“A declaration is hereby made that the agreement duly executed between the Claimants/Defendants to the Counter Claim and the 2nd Defendant/Counter Claimant in 2013, which transferred title of plot no. 713, Cadastral zone B14, Dutse District, Abuja with File No. MISC 89161 and Certificate of
Occupancy No. 1a7ew-48012-5a3fr-12912-10 to the 2nd Defendant/Counter Claimant is valid and binding on the parties and has duly transfered title to the 2nd Defendant/Counterclaimant with respect to the said plot.
“An order of Court is hereby made mandating the Claimants/Defendants to the Counter Claim to vacate, forthwith, the property known as plot no. 713, Cadastral zone B14, Dutse District, Abuja, with file No. MISC 89161 covered by Certificate of Occupancy No. la7ew-4801z-Sa3fr-12912-10, which has been duly transfered to the 2nd Defendant/Counter Claimant as replacement for the three plots purchased for him without due diligence.
“An order of perpetual injunction is hereby made restraining the Claimants/Defendants to the Counter claim, whether by themselves, their agents, assigns or anybody claiming any right howsoever known through them from entering, further entering, occupying, building or continuing with building operations, trespassing or further trespassing or howsoever dealing or tampering with the property known as plot no. 713, Cadastral zone B14, Dutse District, Abuja with file No. MISC 89161 covered by Certificate of Occupancy No. la7cw-4801z-Sa3fr-12912-10, Dutse District, Abaja belonging to the 2nd Defendant/Counter Claimant” the Judge ordered.
Recall that in 2005, Dr Nwaneri had engaged Uche Okoli, the MD of Multi-Shelter Ltd, to acquire plots of land for him in Abuja, and in furtherance of the engagement, Okoli got and presented to Dr Nwaneri, papers in respect of three plots of land, one each in Katampe Extension District, Sector C District, and Asokoro IV District, all within Abuja, as the plots he purchased for him.
Dr Nwaneri subsequently engaged one Mr. Victor Muoneke, a legal practitioner, as his attorney to register his title to the three plots.
However, the search reports that Muoneke obtained from Abuja Geographic Information Systems (AGIS) in his bid to register the 2nd Defendant’s title to the plots revealed the titles to the various properties as not authentic.
When confronted about the report, Okoli explained that he purchased the plots from one Aminu Ibrahim Gaya who worked with the Federal Capital Development Authority.
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