Court nullifies AMCON’s claim to Victory Park Estate land

Justice Olukayode Ogunjobi of the Lagos High Court has ordered the Assets Management Corporation of Nigeria (AMCON) to vacate a disputed property at Block F, Plot 18, Victory Park Estate, Osapa, Lekki Peninsula, Lagos, for its rightful owner, Mr. Temilola Fatai Okesanjo.

Delivering judgment in the suit, Justice Ogunjobi held that the Okesanjo’s title to property, covered by the Deed of Assignment registered as instrument Number 57 at Page 57 in Volume 2150 of Deeds Register at the Land Registry Office of Alausa, Ikeja, Lagos State, was valid and subsisting.

Okesanjo sued AMCON and the Registrar of Titles in Lagos State, praying for a perpetual injunction restraining the corporation or its agents from taking possession of the property, contrary to the claimant’s proprietary interest.

The claimant also prayed the court for a Mandatory Injunction compelling AMCON to evacuate its agents, servants, armed security men and remove its signpost and banner affixed on the property.

But in its defence, AMCON contended that the suit was an abuse of court processes for the reason that the claimant filed the suit against it, prior to the filing of the suit.

In the judgment obtained by The Nation yesterday, Justice Ogunjobi granted reliefs 1, 2, 3, 4, 9, 10, and 11 in the claimant’s Originating Summons.

The court held that the uncontroverted averment of the claimant was that he brought the subject land from Knight Rook Limited in 2003 and registered the title in November 2006.

The court held that the claimant’s Deed of Assignment was prima facie evidence that Knight Rook Limited had diverted its interest in the land to the claimant.

On whether the Deed of Assignment executed in favour of the claimant on Block F, Plot 18, by persons without lawful authority is valid, the court held that AMCON failed to prove that the signatories to Exhibit 1 were not authorised by the Knight Rook Limited.

But the court declined the claimant’s demand for payment of N50 million for trespass.

(Nation)