Chisco Transport Nigeria Limited has dragged the administrators
of the estate of Chief Joseph Akanbi Oyelowo, Mr Oladuuni Oyelowo
and Mr Olatunji Oyelowo before a Lagos High court, Igbosere over
the property situated at no 6 Ikorodu road, Jibowu Yaba.
The claimant in the suit no LD/5324GCMW/18 asked the court to
declare that Lagos State Government is the lawful owner of the
property situated at no 6 Ikorodu road, Jibowu Yaba, which it has
been a tenant for years.
Chisco stated that by the virtue of the revocation of
Certificate of Occupancy in respect of the property, the
proprietary rights is vested in the state government.
It therefore averred that defendant has no right in law to
demand rent or exercise any legal right over the property.
Chisco wants the court to declare that claimant cannot forcibly
eject or remove it from the said property, without following the
due process of the law.
In their statement of defence, defendants denied every
allegation in statement of claim. They said that the defendants are
not the administrators of real estate of the late Chief J.A Oyelowo
the owner of the property comprising five bedroom detached and
service quarters the subject matter of the suit.
Defendants averred that claimant has been paying its rent
severally and consequently since 1995 not 1996. They noted that
Lagos government has never raised any adverse claim of interest of
the ownership as against the interest of defendant in the
property.
Justice O. Harrison while ruling on the preliminary objection
held that the suit is competent. She said, “the court has read the
claims and the writ of summons as well as the preliminary objection
filed by the defendants. The defendants contend that court has no
jurisdiction to entertain the suit. The court finds that there is
no relationship between the Lagos state government and the
defendants.
“The suit is competent, the preliminary objection is hereby
dismissed.”
She subsequently adjourned to May 20, 2019 for case management
conference
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