By Abdulwahab Abdulah
A retired judge of Lagos State, Justice Ishola Oluwa has been dragged before an Ikeja High Court by a Germany based Nigerian business man, Mr. Paul Iwuna, for alleged trespass into a parcel of land the plaintiff purportedly bought from the former judge.
In the suit, the claimant alleged that he discovered in 2005 that the former judge had resold the piece of land he purportedly bought from him in 1997at the sum of N225, 750, which is now worth between N12m and N13m.
Iwuna claimed that the land, located on an estate owned by the defendant, is at Road B, Plot 6 of Justice Oluwa Iroko Estate, Idimu-Isheri, Lagos.
He claimed that when he discovered in 2005 that the piece of land was already being developed by an unknown person, he reported the incident to the defendant, who he said promised to replace the piece of land with another one of “equal status and viability.”
According to him, up till 2009, the former judge allegedly refused to offer another one that was of the agreed standard.
At present, the matter is before Justice Iyabo Kasali.
In his statement of claim, filed by the plaintiff counsel, Mr. F.A Ezeogbuefi, he stated, “The claimant avers that the act of the defendant in interfering with the land he sold to him has caused him huge financial losses as he had to travel down from Germany several times on account of the land and expend much money on professional fees to surveyors, lawyers etc.
“That the unlawful trespass and invasion of the claimant’s plot of land by the defendant have caused the claimant grave emotional and physical trauma and he has expended a large sum of money to ensure that he gets his plot of land back.”
He now prayed the court to declare that he is the rightful and legal owner of the property and an order setting aside the purported sale of the property “and every other documents relating to that purported sale.”
Besides, he urged the court to declare that the alleged trespass on the land is “unlawful” while asking for an order of perpetual injunction restraining the defendant or anybody claiming ownership of the land through him from committing any further acts of trespass.
In the alternative, he is asking for N13 million as the current value of the land and another N10 million as general damages he suffered in respect of defendant’s action.
In his response, the defendant, Justice Oluwa has denied having any son by the name, Duro Oluwa, whom the claimant alleged that he instructed to collect payments for the parcel of land on his behalf.
In his 27-paragrapgh statement of defence, Justice Oluwa maintained that the said intermediary was never his family as alleged, while denying ever selling or even offering the said parcel of land for sale to the claimant.
No date has been fixed for hearing of the matter.
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