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Tension brews in Lagos estate over ownership of parcel of land

Land dispute claims man, 30 in Delta community

Tension brews in Lagos estate over ownership of parcel of land

Residents of Ifako community in Gbaga area of Lagos have called on the state government to wade into what they described as tension brewing at Harmony Estate in the area.

The residents claimed that they were sitting on a keg of gunpowder ready to explode as people have started fighting over the real ownership of a 357 square meters property on 34 Abiodun Odeseye.

At the moment, the property which is at its foundation level of construction has been sealed owing to the attendant ruckus that greeted work on it.

A developer, Tunde Kehinde, who claimed he bought the land for N23 million said he was at a loss on what to do, as the money with which he bought the land is yet to be refunded to him, neither was he allowed to continue construction on it.

Kehinde, who said he collected loan from the bank to buy the land six months ago, explained that his intention was to finish construction in three months and sell the building, before the duration of payment of the loan.

He said: “I have done a few developments but never have I encountered any problem like this. When my attention was drawn to this land, I called my surveyor who picked up the coordinates of the land, went to the Survey General’s office, where it was cleared. We did other checks to authenticate the land before we made payment of about 23million.

“We started work immediately by establishing a foundation in order to take possession of the land. While on it, a man who claimed to be a lawyer to the estate came and started taking pictures of the site. When I asked why he was doing that, he said we would know soon. There was almost a fight there but we continued with our job.

“In one of the days, about five landlords from the estate, accompanied by officials of the Lagos State Building Control Agency, LASBCA, stormed here and told the workers on-site to stop working and threw them out. Normally, when they want to stop work, notice should be given. But they never did, even when we begged them to allow us to pour the mixed cement. They came the next day and locked up the place.

When we went to their office, they said we did not seek their approval and that even if we had one, that there was a petition signed by the lawyer of harmony estate, Shodiya.

I have gone to beg some key members of harmony estate but they insisted I must leave the place, claiming that the land is owned by the estate. They told me to go and collect a refund of my money from the person I paid to.

When I went to Baba Akinola Oloruntoba, who sold the land to me to refund the money, he refused. Rather he said he had the power of Attorney on behalf of the real owner of the land to sell and that there were available documents to prove that the land was owned by the Elabanjo family, who gave him the power of attorney to sell its land. Indeed baba has all the necessary documents to show that the land belongs to the Elbanjos.

I am in the middle of the storm. Very soon the bank will come knocking on my door to pay back. I never knew there was controversy on the land, I would not have staked my neck into it”, he lamented

However, when the legal adviser to Harmony Estate Community Development Association, Mr. Kola Shodiya, who also doubles as the association’s Vice-chairman, was contacted, he denied signing any document, posing as Oloruntoba.

Rather, he explained that “ the document in question is a motion for joinder. An application to join in the suit filed by Odunyebo to the extent that the association’s land cannot be sold by anybody. The suit number is ID/909/2012.

“Mr Rotimi Fashogbo, former chairman of the estate, prepared the suit and gave it to me. The application is dated August 11, 2014. The person that deposed to the affidavit in support of that application was Lukeman Raji Alabi, our former estate officer. He deposed to it before the Commissioner of Oath.

“ We also have proposed a statement of defense of the 6th, 7th , and 8th defendant, prepared by Mr. Fashogbo and in accordance with the rules, you do not need to sign such and he did not sign it. The rule also states that you cannot change a single word, once you propose and present it to the court. And if you want to file, you must file the same thing, the only difference is that you must date it and sign it.

“In the statement, there were witnesses among who is Baba and his statement was never signed. This document (displaying it before Crime Guard) is what baba (Oloruntoba) claims was forged. He has told me he will charge me for forgery and I have been waiting for that.

When asked who owns the land in dispute, is the estate’s legal adviser, Shodiya, said he was not aware that it belongs to anyone. He said I have been living in the estate for 17 years. All I know is that the estate has been using it for more than 35 years and has been exercising the right of ownership. When the government wanted to use it as access road from the expressway, we all stood against it. When some people wanted to take it we sued the fellow and Baba was the one that supplied all the documents.

And in the law, if the land belongs to you, you have statutory time that you can claim it.

If they said the land was leased to the estate, let them show a lease agreement and the rent paid because, in the lease, there must be rent. He should also mention the person that approached him to lease it to the estate.

If he says it is his land, let him go to court and contest it. That can not be a license for him to be threatening my life. I am only a legal adviser to the association”.

When visited the land in contention, it was discovered it had been sealed by the state government, even as the buyer, Kehinde, called on the attention of the governor of Lagos State, Babajide Sanwo-Olu, to intervene in the matter.

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