A Lagos State High Court sitting in Igbosere yesterday renewed its order restraining Paul Adefarasin and his church, House on the Rock, from taking action concerning parcels of land whose ownership is disputed by businessman, Gerald Chukwueke.
Justice Adebisi Akinlade ordered the parties to maintain the status quo which existed on March 15, 2016, when the defendants were served with the processes in the suit, pending the hearing of an interlocutory application filed by the claimants.
Chukwueke and four others filed an N800m suit against popular cleric and General Overseer of House on the Rock Church, Adefarasin, for allegedly trespassing on their land in Ikate, Lekki, Lagos.
The petitioners claimed that the pastor and the church converted some of the land to their church cathedral situated at Lekki Fourth Roundabout, Lagos.
Justice Akinlade had on March 17, 2016 restrained the defendants, “their servants, agents or privies from demolishing or removing any structure whatsoever, be they temporary or permanent on the claimants’ premises located at plots 15, 16, 17 and 18 located at 188 Ikate, Lekki, Lagos.”
The court also barred the defendants from commencing any development, construction, building or erecting any structure whether temporary or permanent in any manner whatsoever on the land.
At the resumed hearing of the matter yesterday, counsel to the claimants, Moyo Onigbanjo (SAN) told the court that he had served all the defendants with the processes in the matter.
Onigbanjo also said “the defendants have filed a counter affidavit to our motion on notice and an application to strike out the name of the first defendant has also been filed, which we have responded to.”
On his part lawyer to the first and second defendants, Gabriel Uduafi, agreed with the position of the claimants’ lawyer but said he would file the statement of defence before the expiration of the 42 days allowed by the law.
Before the judge adjourned the matter, Onigbanjo urged the court to renew her earlier order restraining the defendants by directing parties to maintain status quo.
He argued that it would be in the interest of justice for the court to grant his request so that the subject matter could be preserved.
The application was opposed by Uduafi, who countered that his clients had already taken possession of the land with a valid registered title.
In a short ruling, Justice Akinlade overruled Uduafi, and ordered parties to maintain status quo pending the hearing of the interlocutory application.
The suit was adjourned till June 2, 2016 for mention.
In the suit, Chukwueke, and other claimants: Chinelo Chukwueke, Mrs. Martha Chukwueke, Germaine Logistics Limited & Germaine Auto Centre Limited are seeking the sum of N800 million as damages against Adefarasin and his church for allegedly trespassing on their land located in Lekki area of the state.
The claimants, who are also seeking the sum of N180 million as solicitor fees, want the court to bar the defendants from further trespassing on the disputed land.
Other defendants in the suit apart from Pastor Adefarasin are: the Incorporated Trustees of the Rock Foundation, the Registrar of Titles, Lagos State Land Registry and the Attorney-General of Lagos State.
In the motion on notice, the claimants alleged that Pastor Adefarasin and his church sometimes in January 2016 repeatedly trespassed on their premises.
They also averred that when their lawyer wrote them over the illegal action, the first and second defendant claimed that they acquired ownership and possession of the property by virtue of a Deed of Assignment registered as No. 98 in volume 2513, executed in their favour by Diamond Bank Plc.
The claimants also alleged that investigation revealed that the purported acquisition of the property was fraudulent.
According to them a forged Deed of third Party Legal Mortgage between Diamond Bank Plc and the 4th and 5th claimants was purportedly executed on March 5, 2012 mortgaging the property in favour of the bank.
The claimants also alleged that the deed was not executed by the directors or any authorised signatory of the 4th and 5th claimants.
They are therefore seeking a declaration that the Deed of Assignment between Diamond bank and the Incorporated Trustees of the Rock Foundation be declared null, void and of no effect whatsoever.
The claimants are praying the court for an order directing the Lagos State Government and the Registrar of Titles, Lagos State Land Registry to revoke the Deed of third Party Legal Mortgage between Diamond bank and the Incorporated Trustees of the Rock Foundation.
The Nation
