Court Fixes Nov. 10 For Hearing Of Breach Of Contract Suit Against DNJ Properties & Invest. Ltd

Justice Sunmonu Tunde Bashiru, of the Lagos State High Court, fixed November 10, 2025, for the hearing of alleged breach of contract suit filed against real estate firm, DNJ Properties and Investment Limited, by one of its subscribers.

The Subscriber, Olufemi Enahoro Odiri, through his lawyer, Barrister Ademola Adefolaju, has drag the firm before the court in a suit marked LD/ADR/5956/2025, over alleged failure to deliver the property he paid for, despite repeated demands.

The judge fixed the hearing date today, sequel to the submission of the Claimant’s lawyer, who informed the court that the defendant, DNJ Properties and Investment Limited, has been served with all the processes in the suit but failed to file any response.

Justice Sunmonu upon taken submission for the senior lawyer to the claimant, adjourned the matter to November 10, for hearing, while also ordered that hearing notice be issued for the respondent, DNJ Properties and Investment Limited.

In the suit, the claimant is asking the court for the followings reliefs: “a declaration that by the Contract of Sale between the Claimant and the Defendant, the consideration fully furnished by the Claimant, the defendant is obliged to allocate the One Unit of Two Bedroom apartments in respect of the property lying situate and being at Plot 14 & 16 Eru Ifa Street, Ikate, Lekki, Lagos to the Cla:mant.

“An order directing and or compelling the defendant to immediately allocate to claimant the One Unit of Two Bedroom apartment in respect of the property lying, situate and being at Plot 14 & 16 Eru Ifa Street, Ikate, Lekki, Lagos duly paid for by the Claimant and in line with the contract of sale agreement duly executed by the parties.

“An order directing the defendant to pay to the claimant the sum of N200, 000, 000.00 (two Hundred Million Naira only) which represents the current market price/value of One Unit of Two Bedroom apartment fully paid for by the Claimant in respect of the property lying, situate and being at Plot 14 & 16 Eru Ifa Street, Ikate, Lekki, Lagos upon failure and/or refusal of the defendant to immediately allocate to the Claimant the One Unit of Two Bedroom apartment.

“The sum of N5, 000, 000 00 (Five Million Naira) being the cost of prosecuting this suit.

“And order for pre-judgment interest rate of 21 percent per annum on the claimed ween sum until the judgement is delivered and a postponement interest at annun rate of 19% per annum on the Judgment sum until the final liquidation of same.”

Parts of the claimant’s aveerments in a statement of claims in support of the motion reads: “that by virtue of a Joint Venture Agreement between the Defendant and Mr. Michael Adekunle Oniyitan (original owner), the Defendant has an equitable interest in the property known as Plot 14 & 16 Eru Ifa Street, Ikate, Lagos Nigeria which is covered under a Decd of Assignment dated 13th July, 2000 and registered as Number 12 Page 12 Volume 2137 at the Lagos Lands Registry, Alausa, Ikeja, Lagos.

“Under the joint venture agreement, the defendant and the original owner had an understanding that the defendant shall construct and develop 13 units of 2 bedroom apartment, 2 units of 3 bedroom apartment with BQ and 2 units of maisonettes with BQ.

“That sometimes in year 2023, the Defendant approached him, through one Kolawole Olorode and Mr. Niyi Olaniyanu, who introduced the Defendant’s project to the Claimant and the Defendant’s desire to assign part of his interest in his entitlement under the joint venture to interested subscribers such as the Claimant.

“That the proposed blueprint of the apartments and the building plan and the timeline for the execution of the project, particularly the one unit 2 bedroom the Claimant showed interest in was shown to the Claimant for a price of N50, 000, 000.00 (Fifty Million Naira).

“That, after he was also assured that everything was in place for the project including the fact that they have obtained approval from the necessary authorities for the execution of the project, the Claimant agreed to subscribe for a one unit 2 bedroom apartment, fourth floor on No. 16 of the property, in the said project. And that the Defendant presented him with a payment plans option available to the subscribers (the claimant) and the assurance that the project will be completed within 18 months.

“…… that after payment of a total N50, 000,000.00 (Fifty Million Naira), the Claimant pleads and shall at the trial of this suit rely on the bank statement of the Claimant showing payment and transfers made to the Defendant.

“That all the above stated payments were made into the below stated defendant’s account details; Account Name: DNJ Properties and Investment LTD Account Number: 5083278015 Bank Name: First City Monument Bank Limited

“It came to the attention of the Claimant sometimes around March, 2025, following a recent visit and investigation conducted on the site of the property, that contrary to the agreed terms of contract, the Defendant was still yet to commence building as there was no sign of construction or activities on the property lying, being and situate at Plot 14 & 16 Eru Ifa Street, Ikate, Lekki, Lagos.

“… that, the defendant refused to reply the said letter instead, it was discovered that the defendant had actually put up the entire land for sale and was in the process of disposing of the entire land without the knowledge of the Claimant. The Claimant shall plead and at the trial of this suit rely on the pictorial evidence of the Defendant putting the land, subject matter of this suit situate lying, being and situate at Plot 14 & 16 Eru Ifa Street, Ikate, Lekki, Lagos for sale.

“That from the above paragraph it became more obvious to him that the defendant had already diverted the Claimant’s fund and intends to sell and dissipate his interest in the property, subject matter of this suit.

“That by the principle Nemo dat quo non habet the Defendant has no legal right to receive money from the Claimant for a property which does not exist.

“That there is a total failure of consideration for the purpose of which the Claimant transferred the sum of N50, 000, 000. 00 (Fifty Million Naira) into the Defendant’s account.

“That it is being more than 16 months and the Defendant is yet erect a single block to show for ail the money that was collected from the Claimant ahd it has come to the notice of the Claimant of the intention of the Defendant to dispose of the property without his knowledge and elope with the Claimant’s fund.

“That by virtue of the duly executed contract of sale between the parties, the Defendant is to indemnify the Claimant to the current market value of the property where the Defendant fail to deliver the One Unit 2 Bedroom Apartment fully paid for within the 18 months’ timeline.

“That the current market value of the One Unit 2 Bedroom Apartment at Plot 14 & 16 Eru Ifa Street, Ikate, Lekki, Lagos-is the sum of N200, 000, 000. 00 (Two Hundred Million Naira only).”

“That | have been put through psychological and emotional trauma from the Defendant dubious action.”