A Lagos State High Court sitting in Epe has ordered Toll Systems Development Company Limited to recover possession of 1,561 hectares of land in Lakowe Village, Ibeju Lekki, Lagos.
Justice Muftau Olokoba made the order in Suit No. LD/4320/2014 pursuant to an application for possession entered by the firm against the defendant, an ‘unknown person’.
The application was supported by a 20-paragraph affidavit and a seven-paragraph further affidavit filed and deposed to by Mr. Adewale Odutola of 1, Mekunwen Road, Off Oyinkan Abayomi Drive, Ikoyi.
The applicant averred that Toll Systems Development was the genuine owner of the 1,561 hectares by virtue of a Certificate of Occupancy No: 17/7/2003T dated October 27, 2003.
The claimant’s counsel, Mr. Ola Faro, urged the court to grant the firm possession “from any person who occupies the lands without the consent or permission of the claimant.”
Upholding the firm’s application, Justice Olokoba held: “The claimant has shown that he is entitled to possession.
“The unknown persons who are the defendants were served with the originating summons but they failed or refused to attend or file any process.”
Furthermore, the judge ruled that the claimant had established that the defendants had been occupying the land “without the consent or permission of the claimant.”
He said: “I am therefore satisfied that this is a proper occasion for the exercise of the court’s power to grant the order of possession sought.”
“It is hereby ordered that the claimant herein do recover possession of the parcel of land measuring 1,561.20 hectares covered by a C of O.
“Registered as No 17 page 17 in vol 2003T situate at Lakowe Village Ibeju Lekki, Lagos State from from any person who occupies the lands without the consent or permission of the claimant.”