Buyers Of Casino Heights In Danger Of Losing Title Over Development Terms

The purported buyers of Casino Heights, who acquired their interest from GTL properties limited are in danger of losing their title, due to a legal battle that ensued between Wemabod Limited (the original owners of the land) and GTL Properties limited, over the development agreement between both parties.

Casino Heights, a luxury apartment is situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State.

Meanwhile, WEMABOD Limited through its lawyer, Gboyega Oyewole (SAN) has instituted a suit numbered ID/6746GCM/2023 against GTL Properties Limited and Casino Heights Estates Limited in which it asked for the followings: “a declaration that by virtue of the Deed of Assignment dated 20th October, 2016 and a Land Certificate No: MQ3202 registered at the Federal Lands Registry, Lagos, the title to the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, is and remains vested in the Claimant.

“A declaration that by virtue of the Claimant’s ownership of the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the Defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment: and/or lease of same without the express permission, authorization, and consent of the Claimant.

“A declaration that the Development Agreement executed between the Claimant and the Defendants is valid, binding and subsisting.

“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situate at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorization and consent of the Claimant.

“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the without the express permission, authorization and consent of the Claimant.

“An order of perpetual injunction restraining the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the Claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And cost of the suit.”

 

However, the matter has been referred to Multi-door Court-House, for amicable settlement.

Meanwhile, WEMABOD’s lawyer has applied to the ADR Unit Lagos State Multi-Door Courthouse Lagos State High Court, Ikeja, for the urgent hearing of the suit.

WEMABOD Limited in the application of the ADR unit, is seeking the same reliefs sought before the court, which are; “a declaration that by virtue of the Deed of Assignment dated 20th October, 2016 and a Land Certificate No: MQ3202 registered at the Federal Lands Registry, Lagos, the title to the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State is and remains vested in the Claimant.

“A declaration that by virtue of the Claimant’s ownership oof the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the Defendants, either ty themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment and/or lease of same without the express permission, authorization and consent of the Claimant.

“A declaration that the Development Agreement executed betv-cen the Claimant and the Defendants is valid, binding and subsisting.

“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situate at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorization and consent of the Claimant.

“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the without the express permission, authorization and consent of the Claimant.

“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the Claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And sost of this action.”

The defendants are yet to file any respond to the application, while the hearing of the suit by the ADR will soon commence via virtual.