A Germany-based businessman, Mr. Paul
Iwuna, has sued a retired Lagos State judge, Justice Ishola Oluwa, for
an alleged trespass on a parcel of land he purportedly bought from the
former judge.
Iwuna filed the suit against Oluwa before Justice Iyabo Kasali of a Lagos High Court in Ikeja.
The claimant alleged that he discovered
in 2005 that the former judge had resold the piece of land he
purportedly bought from him (the former judge) in 1997.
According to him, the land he bought for N225, 750 from the retired judge in 1997, is now worth between N12m and N13m.
He claimed that the land, located on an
estate owned by the defendant, is at Road B, Plot 6 of Justice Oluwa
Iroko Estate, Idimu-Isheri, Lagos.
Iwuna claimed that when he discovered in
2005 that the piece of land was already being developed by an unknown
person, he reported the incident to the defendant who, he said, promised
to replace the piece of land with another one of “equal status and
viability”.
But the claimant said up untill 2009, the former judge refused to offer another one that was of the agreed standard.
His lawyer, Mr. F.A Ezeogbuefi, stated
in the claimant’s statement of claim, that, “The claimant avers that the
act of the defendant in interfering with the land he sold to him has
caused him huge financial loss as he had to travel down from Germany
several times on account of the land and expend much money on
professional fees to surveyors, lawyers etc.
“That the trespass on the claimant’s
plot of land by the defendant has caused the claimant grave emotional
and physical trauma and he has expended a large sum of money to ensure
that he gets his plot of land back.”
He therefore sought an order declaring
that he was the rightful and legal owner of the property and an order
setting aside the purported sale of the property “and every other
documents relating to that purported sale”.
He sought the court to declare that the
alleged trespass on the land was “unlawful” while seeking an order of
perpetual injunction restraining the defendant or anybody claiming
ownership of the land through him from committing any further acts of
trespass.
He sought as alternative prayers, N13m
as the current value of the land and another N10m as general damages he
suffered in respect of defendant’s action.
Meanwhile, Oluwa has denied having any
son by the name, Duro Oluwa, whom the claimant alleged he instructed to
collect payments for the parcel of land on his behalf.
The judge, in his 27-paragrapgh
statement of defence, maintained that the said intermediary was never
his family member as alleged, while denying ever selling or even
offering the said parcel of land for sale to the claimant.
No date has been fixed for hearing in the matter.
Punch
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