Gerald Chukwueke, a businessman,takes Adefarasin& the Church to court for N800m
Suit which has been fixed by a Lagos High Court, Igbosere.
According to Dailytimes
Justice Adebisi Akinlade has fixed April 7 to hear the substantive suit.
Chukwueke and four others through their counsel, are seeking the sum as damages against Adefarasin and his church for allegedly trespassing on their land located in Lekki area of the state.
The businessman and other claimants: Chinelo Chukwueke, Mrs. Martha Chukwueke, Germaine Logistics Limited and Germaine Auto Centre Limited, are also seeking from the defendants the sum of N180 million as solicitor fees.
Meanwhile, Justice Akinlade had granted an interim injunction restraining the defendants, including the Incorporated Trustees of the Rock Foundation, the Registrar of Titles, Lagos State Land Registry and the Attorney General of Lagos State from further trespassing on the land.
Specifically, Justice Akinlade restrained the defendants, their servants, agents or privies from demolishing or removing any structure whatsoever – be they temporary or permanent on the claimants premises located at Plots 15, 16, 17 and 18, located at 188 Ikate, Lekki, Lagos.
The court also barred the defendants from commencing any development, construction, building or erecting any structure whether temporary or permanent in any manner whatsoever on the land.
The judge also restrained the defendants from selling, mortgaging the disputed land or pledging it as security in any manner or form. While directing the claimant’s lawyer to put the defendants on notice by serving all processes filed, so far, in the case, also held that the interim injunction shall abate after seven days from March 17, 2016, when the order was made.
In the motion on notice, the claimants alleged that Pastor Adefarasin and his church, sometime in January 2016, repeatedly trespassed on their premises.
They also averred that when their lawyer wrote to them over the illegal action, the first and second defendant claimed that they acquired ownership and possession of the property by virtue of a Deed of Assignment registered as No. 98, in volume 2513, executed in their favour by Diamond Bank Plc.
The claimants also alleged that investigation revealed that the purported acquisition of the property was fraudulent.
According to them a forged Deed of third Party Legal Mortgage between Diamond Bank Plc and the 4th and 5th claimants was purportedly executed on March 5, 2012, mortgaging the property in favour of the bank.
The claimants also alleged that the deed was not executed by the directors or any authorised signatory of the 4th and 5th claimants.
They are, therefore, seeking a declaration that the Deed of Assignment between Diamond Bank and the Incorporated Trustees of the Rock Foundation be declared null, void and of no effect whatsoever.
The claimants are praying the court for an order directing the Lagos State Government and the Registrar of Titles, Lagos State Land Registry to revoke the Deed of third Party Legal Mortgage between Diamond bank and the Incorporated Trustees of the Rock Foundation.
