Landowners Sue Firm, Carter-Tech Ltd Over Alleged Breach Of Agreement 

Landowners Sue Firm, Carter-Tech Ltd Over Alleged Breach Of Agreement 

A Lagos based-Landowner, Mr. Christopher Folajoye Awosika and his wife, Esther Olufunmilayo, have filed a suit before a Lagos High Court, against Carter-Tech Limited, for allegedly breach of agreement over a parcel of land.

The land measuring approximately 1.183 hectares, is located at Ologolo, an ancient Village, along Lekki-Epe Expressway, Eti-Osa Local Government Area of Lagos State.

Mr. Awosika, in suit numbered LD/6846GCMW/2020, filed through his lawyer, Ade Oshodi, claimed that he rightfully purchased the said property from the Ologolo family, the original owners in 1996. 

Awosika is said he has been enjoying the peaceful possession of his land, and even rented it out to a company at some point as a storage facility. 

He however, stated that events took an adverse turn, sometime in 2017, 21 years after he bought the land and 17 years after he had laboriously completed the sand filling and perimeter fence, as well executed a Finance and Development Agreement for the construction of 50 housing units over the property with the defendant, Carter-Tech Limited.

He claimed that their (himself and his wife) contribution to the agreement was their land while the defendants were responsible for finance, construction and development.
The claimants’ counsel also told the court that his clients’ agreed share of the subject property upon completion is 18 housing units while the defendant’s share is 32 housing units.

He also told the court that, “the defendants have since completed the subject property which they termed: ‘Atlantis 2’ and have refused to put the claimants in possession of their housing units despite repeated demands. In fact, despite the ages of the claimants who are both in their late 70’s, the defendants, Carter-Tech Limited through its directors, One Jerry, Samson and Mrs Olopade drove the claimants out of the premises when they approached them for their entitlement in the development” and have since employed various nefarious means to deny them access to the land.

 This necessitated the claimants to institute the above action at the High Court of Lagos State claiming amongst other reliefs, the units they are entitled to under the Joint Venture Development Agreement and damages for the fraud perpetrated by Carter-Tech, the defendants.

Notwithstanding, sometime in 2020, the claimants had obtained an order restraining the defendants from selling or alienating any of the 50 housing units, but the (Carter-Tech) defendants have flouted this order of court and has been selling the housing units to unsuspecting third parties/public.

Oshodi, therefore urged the Hon. Justice Oyekan-Abdullah of the High Court of Lagos State to grant an application filed by the claimants to either order the defendants to deliver the claimants’ housing units to them or direct that the official receiver of the court takes over the premises pending the hearing and determination of the suit.

The hearing of the suit last week Tuesday, was truncated by the application brought before the court by Aluko & Oyebode law firm, seeking to take over the defence of the suit from one Yomi Alagbada, who earlier acted as Counsel for the defendants. 

Alagbada, sought to challenge the change of counsel application on the grounds that the defendant (Carter-Tech Limited) still owes his Chambers legal fees. 

The defendant, Cater-Tech Limited were therefore unable to resolve the issue of legal representation. Consequently, Justice Oyekan-Abdullah adjourned the matter till 23rd February, 2022 for further proceedings.