N152m Property Dispute: Engineer Gets Court’s Nod to Amend Defence, add Witnesses

Wale Igbintade

Justice Akingbola George of the Lagos State High Court sitting at Tafawa Balewa Square has granted all reliefs sought by Engineer Anthony Ugbebor in a N152 million property dispute.

Ugbebor, the first defendant in Suit No: LD/4471LM/2023, filed a motion seeking leave to amend his statement of defence and counterclaim in a case brought by property developer, Olukayode Olusanya, and his company, Oak Homes Limited, against him and the Economic and Financial Crimes Commission (EFCC).

The claimants are seeking various reliefs, including a declaration of trespass.

In a motion dated March 31, 2025 – supported by a 13-paragraph affidavit and a written address dated April 9, 2025 – Ugbebor, through his counsel, Mr. N. A. Salau, sought the court’s permission to amend his defence and counterclaim, to call additional witnesses, and for the amended processes to be deemed properly filed.

Salau, in his submissions, argued that the court had the power to grant the application at any stage of proceedings, relying on the averments in the affidavit and legal authorities.

He emphasised that the amendments would not prejudice the claimants’ case but were necessary to ensure justice was served.

While the claimants did not file a counter-affidavit, their counsel, Mr. A. O. Erue, expressed the need for the claimants to file consequential amended processes in response to the ruling and objected to the immediate commencement of trial.

In a ruling delivered yesterday, George agreed with the defence, holding that courts have discretion to grant amendments at any stage of proceedings, particularly when they serve the interest of justice.

He stated, “A court will not refuse an amendment merely because it introduces a new fact. What is important is that the amendment is necessary for the just and proper determination of the issues before the court.”

The court found that the application complied with the High Court of Lagos State (Civil Procedure) Rules, specifically Order 30, Rule 10, and accordingly granted the following orders: “Leave to the first defendant to amend his statement of defence and counterclaim;

“Leave to call additional witnesses, including Mr. Oluwaseyi Omodele and Mr. Sheu Hassan;

“An order deeming the amended processes as properly filed and served.”

Following the ruling, Salau informed the court that Ugbebor was attending proceedings virtually from the United States, and that one of the proposed witnesses had travelled from Abuja for the hearing.

He applied for a cost of N500,000 against the claimants for the day’s adjournment.

Erue opposed the application for costs, arguing that the claimants should be given an opportunity to respond to the new facts and that immediate trial would amount to an ambush. He also sought costs in the alternative.

George declined to award costs to either party, ruling that each side should bear its own costs.

The court granted the claimants 14 days to file and serve their consequential amended statement of claim and adjourned the matter to June 20, 2025, for hearing.

In the suit, the claimants are seeking, among other reliefs, an order compelling EFCC to pay Ugbebor the sum of N102 million allegedly paid by the claimants without proper authorisation; N50 million as damages for alleged trespass by Ugbebor on the property between July 26 and August 21, 2023; an order of perpetual injunction restraining Ugbebor from further access to the site.