Buyers of Casino Heights may lose the title following a disagreement between Wemabod Limited, the original owners of the land, and GTL Properties Limited, over the development agreement between the parties.
Casino Heights is situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State.
WEMABOD Limited through its lawyer, Gboyega Oyewole (SAN), instituted a suit at the Ikeja High Court numbered ID/6746GCM/2023 against GTL Properties Limited and Casino Heights Estates Limited over the property.
Wemabod is asking the court for “a declaration that by virtue of the Deed of Assignment dated 20th October, 2016 and a Land Certificate No: MQ3202 registered at the Federal Lands Registry, Lagos, the title to the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos, is and remains vested in the claimant.
The property developing company is asking for “a declaration that by virtue of the claimant’s ownership of the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment: and/or lease of same without the express permission, authorisation, and consent of the claimant.
Other prayers are for: “A declaration that the Development Agreement executed between the Claimant and the Defendants is valid, binding and subsisting.
“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situated at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorisation and consent of the claimant.
The claimant is also asking the court for “an order of perpetual injunction restraining the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the express permission, authorisation and consent of the claimant.
It in addition asked the court for “an order of perpetual injunction restraining the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And cost of the suit.”
The suit is presently before the Multi Door Court for arbitration and possible amicable settlement.
However, WEMABOD’s lawyer has applied to the ADR Unit, Lagos State Multi-Door Courthouse, for urgent hearing of the suit.
WEMABOD in the application before the ADR Unit, is seeking the same reliefs sought before the court, which are: “a declaration that by virtue of the Deed of Assignment dated 20th October, 2016 and a Land Certificate No: MQ3202 registered at the Federal Lands Registry, Lagos, the title to the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State is and remains vested in the claimant.
“A declaration that by virtue of the claimant’s ownership oof the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment and/or lease of same without the express permission, authorisation and consent of the claimant.
“A declaration that the Development Agreement executed between the claimant and the defendants is valid, binding and subsisting.
“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situated at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorisation and consent of the Claimant.
“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the without the express permission, authorization and consent of the Claimant.
“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the Claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And cost of this action.”