Winhomes Sue Hitech, Umahi, Lagos Govt Over Alleged Encroachment on Okun-Ajah Land

*Claim N700m damages

A developer in Lagos, Winhomes Estate Global Services Ltd. and its Managing Director, Engr. Mrs. Ifeoma Okengwu, have dragged Hitech Construction Company Ltd. and the Minister of Works and Housing, David Umahi, before the Lagos State High Court over alleged unlawful encroachment, demolition, and forceful acquisition of an 18.838-hectare parcel of land in Okun-Ajah, Eti-Osa Local Government Area.

The Lagos State Government is also joined as a defendant in the suit.

The applicants, who initiated the action on behalf of themselves and purchasers within the estate, are seeking a pre-emptive injunction restraining the respondents from further trespass pending compliance with the Lagos High Court Pre-Action Protocol.

The originating ex-parte motion was filed by their counsel, Lookman Fagbemi SAN, with Bolanle Olugbani.

According to an affidavit in support of the application, deposed to by Abdullahi Mohammed, a litigation clerk at the applicants’ law firm, the disputed land is covered by Certificate of Occupancy No. 72 at page 72 in volume 2006AC dated December 1, 2006, with Governor’s consent duly issued.

The applicants maintained that the land does not fall within the alignment of the Lagos–Calabar Coastal Road, a position confirmed by a Right-of-Way clearance letter issued by the Lagos State Government.

Despite this, the applicants alleged that Hitech Construction Company and government officials forcefully entered the property with soldiers, operatives of the Governor’s Office Task Force, thugs, and personnel of the Federal Ministry of Works.

They claimed that residential structures were demolished and that road construction machinery was moved onto the land without lawful justification or adherence to statutory acquisition processes.

The applicants further stated that parts of the land were marked for a proposed train station even though no notice of revocation, acquisition, or compensation was ever issued to them as required under the Land Use Act.

In the 28-paragraph affidavit, Mohammed added that the respondents installed signboards, mounted halogen lights powered by generators, and deployed armed mobile policemen to cordon off the area—actions the applicants describe as a coordinated attempt to seize the property.

He stated that the applicants have never sold or transferred the land to any government agency or contractor.

He argued that the respondents’ conduct amounts to blatant trespass and an unlawful attempt to dispossess legitimate landowners.

In their memorandum of claim, already served on the Attorney-General of the Federation, the applicants are asking the court to affirm their ownership of the 18.838-hectare property and to declare that only they are entitled to obtain Governor’s consent over the land.

They also contend that the respondents’ entry and activities constitute trespass and seek a perpetual injunction restraining all respondents from further interference.

Additionally, they are claiming N500 million in general damages for trespass, N200 million as litigation costs, and post-judgment interest at 20 percent until full satisfaction of the judgment sum.

The applicants asserted that their title dates back to May 2024 and that despite repeated protests, demolition and construction activities have continued at an alarming pace.

They contend that unless the court intervenes urgently, the ongoing works will permanently alter the land and extinguish their proprietary rights.

An affidavit of urgency filed alongside the motion noted that the respondents are “doing everything possible to alter the makeup of the land,” making immediate judicial intervention imperative.