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.
Source: The Guardian