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Court docket orders choose accused of trespass to file defence in N25million swimsuit

The Excessive Court docket of the Federal Capital Territory, in Maitama, Abuja, has ordered a serving choose of the Nationwide Industrial Court docket, Jeremiah Essien, to file his defence to a N25million property swimsuit filed towards him.

A surveyor, James Olobo, filed the swimsuit marked CV/950/2021, accusing Mr Essien of forcibly taking possession of his property at Primasset Property, Lugbe, Abuja.

The claimant stated the defendant had by a written contract of sale executed on Might 4, 2020, agreed to buy his 450sqm land along with a 4-bedroom fully-detached duplex carcass for the sum of N25million.

He instructed the courtroom, by means of his lawyer, Ataguba Aboje, that it was an specific time period of the settlement that the defendant should full cost for the property, on or earlier than the tip of November 2020.

“That on Might 4, 2020, in pursuance of the settlement, the defendant paid a deposit of N20million out of the stated buy worth to the claimant’s solicitor’s account as agent and never a stakeholder.

“It was an specific time period of the Settlement that the stability of the acquisition worth of N5million was to be paid in 4 instalments to the Claimant.”

The claimant instructed the courtroom that opposite to the contract of sale, the defendant, paid in solely N500,000.00 earlier than the settlement elapsed, and thereafter, forcibly took possession of the property.

After listening to Mr Olobo’s submissions, the choose, Sylvester Oriji, ordered the defendant to file his defence to the swimsuit.

Defendant abusive

The claimant stated in his assertion of claimant that he found that the defendant had taken possession of the property and was altering the property considerably on November 13, 2020 towards settlement.

“The claimant met a number of workmen engaged on the instruction of the Defendant and needed to cease them from working. This was opposite to the settlement as possession was agreed to happen solely upon completion of cost and never earlier than.

“The claimant states that he contacted the defendant to protest his trespass however he grew to become abusive and threatened the claimant to not intervene together with his workmen and to not trespass at his property”.

He additional instructed the courtroom that owing to refusal of the defendant to finish the cost throughout the stipulated interval, the acquisition settlement was terminated, with a cheque issued for a full refund of the monies that have been paid by means of his solicitor’s account.

“Almost two months after the defendant acquired the claimant’s letter and the financial institution drafts, the defendant returned then to the claimant’s solicitor’s workplace on February 26, 2021, utilizing a courier firm referred to as Speedaf.

“The defendant stays adamant that he’s entitled to the Property and continues to train possession rights over it unlawfully,” he acknowledged.

He accused the defendant of committing infractions regardless of his privileged and guarded place as a choose.

He additionally stated the defendant reported the matter to the police claiming he criminally trespassed on his property and beat up his workmen within the bid to frustrate the sale of the property to a different purchaser.

Prayers

The claimant, is amongst different issues, praying the courtroom for; “A declaration that the defendant’s forceful takeover and alteration of the claimant’s property with out an settlement or conveyance, quantities to trespass.

“An order awarding N50m towards the Defendant for trespass.

“An order awarding N30m as basic damages for breach of contract

“An order of perpetual injunction restraining the defendant from interfering with the claimant’s title and rights over the property. “

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