Octogenarian Accuses NICON Trustee, Others of Contempt

Wale Igbintade

An 84-year-old man, Dr. Albert Ndulue, has alleged that the subject matter of a case before an Ajah High Court in Lagos has been vandalised by the defendants in the suit.

Ndulue, who is the claimant in a civil suit, spoke in relation to a suit marked LD/6727/GCMW/2018 pending before the court in relation to a title claim over a property at plot 8, Block 24. Alma Estate in Lekki, Eti-Osa, Lagos.

The claimant is Mr. Albert Ndulue while those joined as defendants are NICON Trustees and others.

On July 13 when the matter was called, the trial Judge, Justice Ganiyu Safari, had noted that the processes of the plaintiff were not before the court, and had struck same out

The claimant had consequently filed a motion, asking the court to set aside its ruling indicating that their processes were not on record.

In the alternative, the claimant also sought an injunction, restraining the defendants from relying on the ruling of the court pending final determination of the suit

Meanwhile, while the suit is still pending in court with the next hearing date fixed for December 12, the claimant alleged that the defendants secured the help of some touts to begin the vandalisation and theft of assets of the building.

According to him, some of these include ceiling, roofs, windows, electrical fittings, as well as damage to the entire building.

Ndulue said the property was legally purchased in1991 when Alma Estate  advertised for the sale of plots of land in Alma Estate, which he purchased and was allocated a plot in 1993

He said he had requested for and acquired all necessary documents for the property, and in 2011, the management of the estate gave him all the necessary land documents.

The claimant alleged that this was after series of court actions, adding that he then proceeded to apply for and obtained Lagos State governor’s consent, including a development plan.

According to him, in 2017, he had begun building when he discovered a notice pasted on his property that same subject of an interim order of receivership in suit  No FHC/L/CS/1242//2017 before a Federal High Court Lagos.

He said the parties to the suit include NICON Trustee, as alleged receiver manager, and one Mr. Abah Onah

Ndulue said the court eventually found the suit to be fraudulent and incompetent and dismissed it on June 18, 2018.

Consequently, he began the development of his property to almost completion but in 2021 while away on medical vacation, he got a call from a neighbour that his property had been put up for sale.

He said it was discovered that it was same characters who were parties to the interim suit already dismissed by the court, that were responsible for the attempted sale of his property.

Ndulue stated that since then, it has been a thug of war, as hoodlums have recently invaded his property, and began looting and destroying the building, including the roofs, doors, windows, among others.

According to him, these elements are still relying on the interim order of the court which had already been struck out as it was found fraudulent.

He alleged that the other party had proceeded to Zone 2 police station and misrepresented facts to the AIG that they had gotten final judgement to take over the property

Ndulue said all efforts to invite the police over the issue to hear their part of story has remained unyielding.