The dispute between Mr. Emmanuel Otoigiakhi and Mr. Larry Inibhunu and others before the Lagos State High Court has been resolved following the Consent Judgment the parties in the suit presented to the Presiding Judge, Justice L.A.M. Folami dated 3rd November, 2023.
P.M.EXPRESS reports that in the suit number, ID/3542GCMW/2017, Court listened to Ms. E.A. Iyobhebhe for the Claimant and K.E. Idada Esq for 1st – 4th Defendants. Both informed the Court that the case has been resolved amicably and Terms of Settlement filed.
The Terms of the Agreement as contained in records of Court were as follows:
1.That the parties shall exhibit utmost good faith with these Terms of Settlement, and a party either solely or jointly with other persons shall not use the Terms of Settlement in any manner whatsoever that is or may be damaging or may have adverse consequences on the other party’s interests, business, or reputation.
That the parties have agreed to accept the mutually decided terms above as full and final settlement of this dispute.
That in the event any of the parties’ default in complying with any of its obligations contained herein, the party not in default shall be at liberty to commence enforcement proceedings against the defaulting party in any Court of competent jurisdiction.
The Court is satisfied that the Terms of Settlement was duly executed by the parties and their respective Counsel. (The Claimant and the 4th Defendant). The Claimant Counsel stated that the case is between the Claimant and 4th Defendant while the other Defendants are nominal parties and she sought to discontinue against the said Defendants.
The application of Claimant Counsel is granted. The Ist, 2nd, 3rd, 5th, 6th, 7th, and 8th Defendants are hereby struck out from this suit.
The application of Claimant Counsel and 4th Defendant Counsel is granted. The Terms of Settlement dated 5th October 2023 is hereby entered as Consent Judgement of the Court in this case.
BACKGROUND
.1 The Claimant is a Businessman residing at No.. 21, Adeogun Street, Off Jibowu Road, Abule-Egba, Lagos.
2. The 1st Defendant is a Corporal of the Nigerian Police Force and a brother-in-law to the 4th Defendant and is also attached to the desk of the 6th Defendant.
3. The 2nd Defendant is the wife of the 1st Defendant and a younger sister of the 4th Defendant.
4. The 3rd Defendant is the younger brother of the 4th Defendant and a Caretaker of the 4th Defendant’s property situate at No. 21, Adeogun Street, Of Jibowu road, Abule-Egba, Lagos.
5. The 4th defendant is a Businessman and the owner/Landlord of the property situate at No. 21, Adeogun Street, Off Jibowu road, Abule-Egba, Lagos.
6. The 5th-8th Defendants are officers of the Nigeria Police Force.
7. The Claimant states that on November 26, 2016, the 1st Defendant in company of 10 other uniformed men invaded his home and threw out his belongings whilst seizing him by his jugular.
The claimant states that the evacuation took over one (1) hour to conclude and in the process, some of his belongings were badly damaged and some carted away by hoodlums.
The Claimant states that he reported the matter the next day to the 6th Defendant and thereafter the matter was moved to the 7th Defendant, who initiated a settlement of the dispute between the Claimant and the Ist-4th Defendants but the 1st-4th Defendant refused to go ahead with the settlement after being presented with the list of belongings damaged in the process of the wrongful eviction.
10. The mediation proceeding was between the Claimant and the 4th Defendant.
11. Parties have therefore, resolved that both matters should be discussed and resolved together.
SETTLEMENT TERMS
The Parties have agreed follows:
1. That the 4th defendant (Mr. Emmanuel Otoigiakhi) shall pay the sum of N1,000,000.00 to the claimant (Mr. Larry Inibhunu) in full and final settlement of all claims.
2. That the 4th defendant (Mr. Emmanuel Otoigiakhi) shall pay the aforementioned sum of N1,000,000.00 (One Million Naira Only) on or before October 13, 2023, into the 4th defendant’s counsel’s (Kingsley Etinosa Idada’s) account with details as provided below:
Account Name:Idada Kingsley Etinosa Bank: United Bank of Africa, account Number: 2030514823
3. That upon the receipt of the aforementioned sum of N1,000,000.00 by the 4th defendant’s Counsel (Kingsley Etinosa Idada), the 4th Defendant’s Counsel (Kingsley Etinosa Idada), shall on or before October 17, 2023, pay the sum of N1,000,000.00 into the Claimant’s Counsel’s (on behalf of the Claimant) account as provided below:
Account Name: Edna Airo Iyobhebhe
Bank: First Bank Plc Account Number: 3014596020
4. That the parties shall exhibit utmost good faith with these Terms of Settlement, and a party either solely or jointly with other persons shall not use the Terms of Settlement in any manner whatsoever that is, or may be, damaging or may have adverse consequences on the other party’s interests, business or reputation.
5. That the parties have agreed to accept the mutually decided terms above as full and final settlement of this dispute.
6. That in the event any of the parties’ default in complying with any of its obligations contained herein, the Party not in default shall be at liberty to commence enforcement proceedings against the defaulting party in any Court of competent jurisdiction.
It is further agreed as follows:
.1 These Terms of Settlement as embodied in this Settlement Agreement shall be treated as confidential as between the parties herein only and shall not be disclosed to any third party without the written consent of all the parties.
2. No party shall disclose to any third party the content or substance of any discussions that took place during the mediation.
3. The parties herein agree that they shall not call the mediator as a witness in any future litigation or other adjudicatory process, either to testify as to the terms of the agreement or as to what was said or done during the process.
These Terms of Settlement embodied in this Settlement shall be binding on the parties herein upon
4. Signature of their respective authorized representatives who shall also initial each page of the Settlement document to affirm and confirm that such clause(s) accurately reflects the Settlement Terms.
5. These Terms of Settlement constitutes the definitive agreement of theparties on the subject matter hereof and supersedes, cancels and annuls al prioragreements, understandings, representations and undertakings relating to the subject matter hereof.
6. The signatories to this agreement jointly and severally agree that they are duly authorized to enter into this agreement for and on behalf of the parties herein.
7. The Terms of Settlement shall have immediate effect. Dated this 5 day of October, 2023.