Court Orders AMCON to Vacate Land at Victory Park Estate

Wale Igbintade

Justice Olukayode Ogunjobi of the Lagos High Court has ordered the Asset Management Corporation of Nigeria (AMCON) to vacate a disputed property at Block F, Plot 18, Victory Park Estate, Osapa, Lekki Peninsula, Lagos State to its rightful owner, Mr. Temilola Fatai Okesanjo.

Delivering Judgement in suit number LD/2801LM/2020, Justice Ogunjobi held that the claimant’s title to property covered by Deed of Assignment registered as instrument No. 57 at Page 57 in Volume 2150 of Deeds Register at the Land Registry Office of Alausa, Ikeja, Lagos State was valid and subsisting. 

The claimant, Temilola Okesanjo had sued AMCON, and the Registrar of Titles Lagos State, praying the court for an order of perpetual injunction restraining AMCON or its agents, privies or any person acting on its behalf from entering into or take possession of the property in any manner contrary to the Claimant’s proprietary interest.

The Claimant also prayed the court for an Order of Mandatory Injunction compelling the 1st Defendant (AMCON) to evacuate its agents, servants, armed security men and remove its signpost and banner affixed on the Claimant’s property. 

However, AMCON in its defence contended that the suit was an abuse of court’s processes for the reason that the claimant filed Suit No LD/2667LM/2020 and LD/3165LM/2021 against it prior to the filing of the suit.

In his judgement delivered on October 26, 2022, Justice Ogunjobi had granted reliefs 1, 2, 3, 4, 9, 10, and 11 in the claimant’s originating summons. 

The court held that the uncontroverted averment of the claimant was that he brought the subject land from Knight Rook Limited in 2003, and registered his title in November 2006.

The court held that the claimant’s deed of assignment was a prima facie evidence that Knight Rook Limited had diverted its interest in the land to the Claimant.

The judge held, “I have perused the averments in the 1st defendant’s counter affidavit. Paragraphs 12, 13,14,15,16 and 17 are legal arguments on the reliefs sought in the originating summons vis a vis the judgment of the Federal High Court in Suit No. FHC/CS/L/774/2017 as affirmed by the Court of Appeal in Appeal Number CA/L/698/2018. 

“I have considered the Judgment of the Federal High Court in Suit No FHC/L/CS/744/2017. In the Judgment the court granted inter alia, “an order empowering the claimant (1st defendant) to take over all the movable and immovable properties of the Defendants including but not limited to House J1 Olajide Awosedo Avenue, Goshen Beach Estate Lekki Lagos registered as No. 96 Page 96 Volume 2184 in the Land Registry Alausa Ikeja for the satisfaction of Defendants’ indebtedness Knight Rook Limited is the first defendant in Suit No. FHC/L/CS/744/2017.

“In my view, the order covers all movable and immovable properties of Knight Rook Limited as at the date of Judgment. 

“By the order, the court need not specifically reference the title of the Claimant in order for the judgment to apply to the land being claimed by the Claimants provided the land form part of immovable property of Knight Rook Limited as at the date of the judgment. 

“The uncontroverted averment of the claimant is that he bought the subject land from Knight Rook Limited in 2003 and registered his title in November 2006. Exhibit JP1 is the deed of assignment between Knight Rook Limited and the Claimant.

“The deed is registered as instrument No. 57/57 in volume 2150 at the Land Registry, Lagos Exhibit JP1 is a prima facie evidence that Knight Rook Limited had diverted its interest in the land to the claimant.”

On whether the Deed of Assignment executed in favour of the claimant in respect of Block F Plot 18 by persons without lawful authority was valid, the court held that AMCON failed to prove that the signatories to exhibit 1 were not authorised by the Knight Rook Limited.

“I have also considered the respective arguments and submission of the 1st Defendant and the Claimant. The 1st Defendant relies on Section 77 CAMA to contend that the Deed of Assignment between the Claimant and Knight Rook Limited, exhibit JP1 is invalid on the ground that the persons who signed as Directors and Secretary were not Director and Secretary of Knight Rook Limited at the relevant time, 

“The claimant submitted that the persons who signed exhibit JP1 are Director and Secretary of Knight Rook Limited. Claimant further submitted that in any event by virtue of Section 341 of CAMA only Knight Rook Limited can repudiate exhibit JP1. 

“Section 77 of CAMA provides that ‘a document or proceeding requiring authentication by a company may be signed by a director, secretary, or other authorised officer of the company, and need not be under its common seal unless otherwise so required in this Part of this Act.’ while section 341 provides that Subject to the provisions of this Act, where an irregularity is made in the course of a company’s affairs or any wrong is done to the company, only the company can sue to remedy that wrong and only the company can ratify the irregular conduct.”