PROPERTY NEWS

CONTROVERSY has continued to trail a Federal Government's landed property located along Lagos - Ibadan corridor as two groups, laying claim to the property are at the moment in each other's jugular over right of use of the vacant landed property.

The land in dispute is part of the setback from Lagos-Ibadan Expressway, measuring a total area of approximately 1207.01 square meters and a distance of 68.6 meters of the centre line of the expressway. The property lies opposite the international headquarters of The Apostolic Church, within Ketu in Kosofe Council, Lagos.

Contending for the parcel of the land are The Redeemed Christian Church of God (RCCG), Church of the First Born Parish and the church's registered trustees on one hand and Atunrase Holdings Limited with the Federal Ministry of Works on the other.

The matter, which was devoid of peaceful resolution between the warring parties, has eventually made its debut at the court for adjudication. Besides, the contenders, in a bid to maintain lordship over the property, have been resorting to the police to intervene.

The Guardian learnt that two different petitions from the contenders have been forwarded to the Nigerian Police. While the first from RCCG was addressed to the Area Commander, Nigeria Police Force, Area 8, Police Command, Lagos, the other was addressed to one Mr. Kola Sodipo, a Deputy Commissioner of Police, Nigerian Police Zone 2, Command Headquarters, Onikan, Lagos last week.

While RCCG alleged in its petition that, one David Adebola Shofowora had been using men of the Nigerian Police Force to harass it, counsel to Atunrase Carpet in his petition frowned at police' incursion into a civil case bothering on the property. In fact, the firm threatened to sue the named police officer, if the alleged intervention into the matter does not stop.

Part of the facts before the court is that the open space, which is facing a storey building of the religious body, has been leased to Atunrase Holdings by the concerned government's agencies.

But the church, which told a Federal High Court that it is yet to get approval over the property, has been resisting moves by the firm to take possession of the property on the ground that, any structure erected thereon, will block its entrance to the church hall.

Presently, about two suits are pending in the matter - one, at a Lagos High Court and the other at the Court of Appeal. The appeal emanated from a ruling of a Federal High Court to which the religious body had resorted. But the court after declining jurisdiction to entertain the suit eventually dismissed it.

In the suit, RCCG, through an originating summons, claimed that the firm, a first defendant, had no legal or lawful authority to occupy the premises in dispute and that the second defendant, Federal Ministry of Works had no statutory authority to apportion the land that belongs to the Federal Government of Nigeria.

To pursue the case, the plaintiffs, sought five relieves from the court including a declaration that the second defendant lacked the power and or the appropriate authority in law, to apportion out any land belong to the government and the government's agency's action granting the first defendant approval to make use of the disputed was null and void.

The plaintiffs also sought an order of perpetual injunction restraining the first defendant, its servants, agents, privies, workmen, assigns or whomsoever claiming through them from using, putting to use, or erecting any structure on the land situate in the setback from the federal highway namely Lagos-Ibadan expressway.

After taking arguments from counsel, Justice I.N Auta, which noted that the suit was an abuse of court process, eventually dismissed it.

The Judge had said: " I have above narrated the submissions of the two counsel and I find that the main grouse of the plaintiff is that the Federal Ministry of Works has no authority to apportion land or lease land to the first defendant. That it is only Federal Ministry of Housing and Urban Development that has the power to do so. That, the land in dispute, will block their view to the road and also to the church.

Auta continued: "That also the structure built by the first defendant is against the regulations concerning distance of the buildings to the centre of the road. The plaintiff tendered documents to show that they have applied for the land, but have not obtained approval yet. They have also tendered the journal of the Federal Ministry of Works, which they copied from the inter net. I am sorry that this is not admissible in law. It is a print out of a public document, which needs certification.

"The first defendant on the other hand have shown by documentary evidence that he has applied both to the Federal Ministry of Works and Housing and the Federal Ministry of Housing and Urban development for lease to use the land and have been granted. He has also made payment to that effect. He therefore has more right on the land than the plaintiff who did not claim that it has any right to the said land. From the affidavit evidence before this court, and the submissions of both counsel, this is not a case that can be commenced by originating summons. It contains lots of dispute on facts and laws, which will need evidence to be adduced."

The Judge added; " Also from the affidavit evidence before this court, the real issue is who is, who has the title to the land in dispute. This is not a matter for the Federal High Court to determine. It is pertinent to note also that the parties are already before the Ikeja High Court of Lagos State, which deals with ownership or title to land... This case is therefore an abuse of the court's process. From this reason and other reasons stated in this ruling, the case is accordingly dismissed," Auta concluded.

The decision delivered some months ago has been appealed against by RCCG.