PROPERTY NEWS

AMID continued controversy over a transaction that led to the change of ownership of Maiyegun Beach in Lagos, the state government has finally gone to court with a view to unraveling an emerging controversy over alleged duplication of Certificates of Occupancy (C-of-Os) on the same parcel of land.

The state government's suit, which is criminal in nature, is essentially filed against one of the contenders for the five-hectares choice property located at Lekki Phase II within Eti-Osa Local Government Area of Lagos State.

Justice Olubunmi Oyewole of the Ikeja Division of the state High Court will be examining the claims of the matter brought by the state against Otunba Feyisayo Winfunke, Managing Director, Water Parks Nigeria Limited, the original owner of the disputed property.

A document signed by the Director of Public Prosecution (DPP), Mrs. Olabisi Ogungbesan, for the state's Attorney-General, Mr. Olasupo Shasore (SAN), has listed two charges against the defendant. They are: "stealing contrary to Section 390 (4) (f) of the Criminal Code Law Cap C 17 Vol. 2 Laws of Lagos State 2003" and " Obtaining good by false pretences Contrary to Section 419 of the Criminal Code Law Cap C 17 Vol. 2 Laws of Lagos State 2003."

Essentially, the state is interested to know how and where the accused got two C-of-Os for the same property.

Five witnesses have been lined up by the state to testify in the new criminal proceeding. They include, Mr. Kunle Ogunba, a lawyer; two civil servants - Messrs Aghedo Michael Imuotinyon and Akin Tijani; a buiness mogul, Mr. Jimoh Ibrahim and a police officer, Mr. Okeawonife Innocent, who is a superintendent of police. All the statements of the witnesses and that of the Water Park's chief have been forwarded to the court for its consideration.

The latest suit by the state further thickens the lingering controversy, which has resulted into multiple court actions by all the parties.

Controversy originally arose between Ogunba and the Water Park's chief over the transaction on the landed property. Consequently, the police waded in but could not go too far with the criminal suit it initiated.

One of the suits, which had since been struck out by a magistrate court, was initiated by the police. But on the strength of DPP's advice, which stated that there was no prima facie case established, Magistrate Phillip Ojo, struck out the matter, while the court also discharged the accused persons accordingly.

On the civil front, while the controversy is mainly locked within Intercontinental Bank, a Lagos lawyer, Messrs Kunle Ogunba, and Managing Director of Water Parks Nigeria Limited, Otunba Feyisayo Winfunke, the Commissioner of Police initiated the criminal proceeding against the latter.

The police had alleged that it brought the five-count charge against Winfunke, the Water Park chief, having been in possession of two C-of-Os.

Going by the court's records, about six different suits had at one time or the other greeted the controversy, of which three were terminated, leaving three others pending.

In another civil suit before an Igbosere High Court, Water Parks Nigeria Limited sued all the parties in the criminal action. Also named as defendant by plaintiff was the Registrar of Titles, Lands Registry, Alausa.

Hearing of that matter has commenced before Justice O. Oyebanji. At the trial court, Water Parks is seeking among others, declarations, injunctions and orders setting aside the purported sale of the contentious property.

According to the firm, the whole transaction was based on fraud and undue inf1uence. It is also claiming damages against the defendants concerning the said property.

In his reply, Mr. Kunle Ogunba has accused Water Parks of concealing the facts of the case. Ogunba said that he had engaged Water Parks through its President, one Feyisayo Winfunke in a series of correspondence to purchase the property at Maiyegun Beach sometime in 2006.

The negotiations according to Ogunba, spanned a period of almost three months, specifically from January to March 2006.

He said: "We eventually agreed on a purchase price and Water Parks Nigeria Limited by a letter dated 24th day of February 2006 signed by him 'unconditionally' accepted to receive the agreed purchase price as consideration for the property. Water Parks Nigeria Limited reportedly held a board meeting presided over by its president on the 8th of March 2006 and passed a Board Resolution to accept the offer to purchase the property and consideration thereof.

"The board resolution was forwarded to me by Water Parks Nigeria Limited, where it thanked me for my interest in the property. I subsequently raised the purchase price via a bank draft and handed it over personally to Messrs Winfunke."

Ogunba stated that a deed of assignment was made out in his name and thereafter, Water Parks had personally signed all necessary documents to ensure a full and effectual transfer of title in his name.