Court Orders Filing of Final Written Addresses, in Suit Challenging WAEC Property

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After seven years of legal battle over the ownership of the landed property housing the West African Examination Council (WAEC), the case is gradually coming to an end, as the trial Judge, Justice Emeya of an Ikeja High Court, has fixed December 12 for parties to submit their final written addresses.

The Judge fixed the date at the resumed hearing of the matter last week, following a complaint by Mr. Babatunde Oshinlaja, counsel to the Claimant, Mr. Kayode Euzibio.

Oshinlaja had complained to the court that, years after the Claimant has closed his case and Defendants opened their case, the Defendants have continued to employ delay tactics, and had refused to close their case.

He told the court that, since 2015, the defence had called the only witness listed, to testify in the suit, yet they refused to close their case.

According to Oshinlaja, the Claimant had appeared before the court 20 times since June 18, 2015, adding that the second Defendant refused to close its case, but rather asked for adjournments five times.

“We have waited, for four years. There is nothing they are bringing, before the court. They listed one witness, and the witness has testified. My humble prayer is that, the court should order them to close their case”, Mr. Oshilaja pleaded with the court.

Responding, counsel to the Defendants, Mr. Olakunle Ajala, informed the court of his witness’ presence in court. He said that the court had since subpoenaed the witness, to furnish court with a document (survey plan).

The witness, Mr. Ayokunnu Adesina, therefor, tendered a document (but, not survey plan), which was admitted as exhibit.

In a short ruling, Justice Emeya therefore, ordered counsel to file their written addresses and adjourned the matter to December 12, 2018, for adoption of the written addresses.

The Claimant is seeking court declaration, that he is entitled to the statutory right of occupancy, in respect of the disputed land.

He claimed he did not appoint, either directly, or an agent, to sell the said land to WAEC; hence, there was no sale or transfer of possession of the disputed land to the 2nd Defendant.

He claimed that, he bought the land measuring 3233.643 square metres from Maxi Market Limited, through the company’s Managing Director, Olusola Omoniran (now deceased), since 1985.

According to him, the 1st and 2nd Defendants, without his consent and against his interest, have wrongfully, illegally and unlawfully entered, occupied and are on his plots of land, and have commenced preparation for buildings and construction works on the disputed land.

But, the 1st and 2nd Defendants in their counter-affidavit stated that, the lands in dispute had been subject-matter of suit ID/171/2006, and that judgement was entered on February, 2009, pursuant to the terms of settlement dated November 27, 2008, between the Claimant and Maxi Market Limited (1st Defendant).

The 1st Defendant added that, it appointed its agent, Dr. Olulana, to negotiate with the Claimant on the value of said land, and after serious negotiations, the parties allegedly agreed to the conclusive payment of the sum of N25 million which was paid to the Claimant, as the final settlement of his claim of land.

The Defendants added that, the institution of the suit by the Claimant after he had collected N25 million, was an afterthought, hence, not appropriate.