Ojukwu Family Loses Bid To Recover Ikoyi Property

A Lagos High Court in Igbosere yesterday stuck out an application filed by Ojukwu Transport Ltd to recover one of its properties comprising a two-storey detached house at No 4 Macpherson Avenue, Ikoyi, Lagos.
Justice Olatunde Oshodi, while delivering judgement on the originating summons filed by the company against persons unknown/ the occupier of the property, held that going by the documents presented in court, the claimant ought to have commenced the suit by means of a writ of summons and not by originating summons.
The court, therefore, directed the claimant to commence a fresh suit by means of writ of summons as provided under Order 3 of the rules of court if it wishes to continue with the suit.
The court held that originating summon would only apply where there is no dispute on the question of fact or the likelihood of dispute.
Justice Oshodi further held that ‘’from the facts presented by parties, especially from the documents exhibited, it appears to the court that there is internal wrangling within the claimant, hence the need to go into full trial’’.
LEADERSHIP recalls that Ojukwu Transport Limited had, in its affidavit in support of its originating summons, averred that the defendant whose name is not known to it (claimant) was found to be in possession of the property in dispute.
The claimant stated that it appointed one Massey Udegbe of Massey Udegbe & Co as its agent to manage the property among its properties.
It further stated that by a letter reference No. MUC/MAN.OTL/215 dated July 10, 2012, its agent wrote to the occupier of the property informing it of its appointment and requested a meeting to ascertain the status of the occupier but the letter was ignored.
The claimant added that it published public notices in national dailies warning the general public as to whom any person interested in the property should deal with. Besides, the claimant through its solicitor wrote a letter dated September 14 to the occupier and requested it to vacate the property but the defendant refused.
The claimant stated that despite receipt of several letters and notices the defendant still refused to deliver up possession of the premises.
The claimant valued the present rent to be received in the property at N40 million per annum and said that it has found a willing tenant desirous to occupy the said property.
But, the defendant, Scott’s Cottage limited, in its counter-affidavit, described the suit as frivolous, abuse of court process and urged the court to dismiss it accordingly.
The defendant added that it has regularly paid its rents to the claimant through their property managers, Omuojine & Associates.

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