A federal high court sitting in Lagos has set aside an order wrongly executed by Asset Management Corporation Of Nigeria (AMCON) on one of the properties of DPKAY Homes and Property Limited in Sangotedo, Etiosa Local Government, Lagos.
The order, which according to AMCON was to take over 20 hectares of land acquired by DPKAY Homes and Property Limited from Lagos state government, backed up with documents, purchased receipts and letter of allocation from Lagos state.
According to indications in our previous advertorial, AMCON stormed the premises with some men led by one Mr. Lanre Olaoluwa representing Matrix Solicitors, some court sheriffs with some social misfits and Mopol all numbering over 50 men.
All efforts to intervene by officials of DPKAY Homes and Property Limited proved abortive. During the execution, AMCON handed to the General Manager of DPKAY home and property limited a letter written by Barr Lanre Olaoluwa to Engineer Kuti Taofeeq which purportedly has to do the property being taken over.
Furthermore, the legal counsel of DPKAY Homes and Property Limited, Barrister Oluwaseun Alao expounded; a letter was written to AMCON to explain that the execution levied was totally wrong which later informed a motion being filed before his lordship, Honourable Justice Saliu Saidu
“After the execution, we wrote to AMCON that they levied execution on a wrong property, but they refused to get back to us so we filed a motion before his lordship, Hon. Justice Saliu Saidu praying that the earlier Order be discharged, particularly order which has to do with our property though not clearly defined but it has to do with it.’’
He further explained that on a return date, being Wednesday, 15th of July, 2020, the Court in exercising its duty of maintaining fairness between the parties before it set aside relief 1m of the interim Order made by the same Court on the 11th day of June 2020 on several grounds, especially the inability of AMCON’s Counsel to supply sufficient details of the property (no survey plan nor registered Deed attached) in procuring the earlier Order.
“When we filed, we were informed that the return date was Wednesday, 15th Of July, 2020 and I was in Court with the learned silk, Chief Bolaji Ayorinde (SAN). We were in court together and the court agreed with us that the relief prayer of the AMCON’s Counsel on his motion ex parte leading to the Order of 11th day of June, 2020 was drafted bereft of the details required for such ilk of relief and the Court on its own set aside the offensive relief 1m on the face of the said Order.
The legal implication of this is that Dpkay is now allowed to go and take possession back’’
Also, after this development, the Lagos state government has issued a letter to AMCON, authenticating DPKAY Homes and Property Limited ownership of the landed property in question.
However, Barrister Oluwaseun Alao further accused AMCON of not abiding by the court order despite the fact that their Counsel was in court when the order was set aside. He admonished them to order their people to leave immediately, because there is no legal backing of their presence.
“AMCON as a law abiding entity should have recalled their people to leave the site but they still left them there despite the fact that their lawyers were in court during the ruling that the order upon which they took over our property has been set aside and the implication is that AMCON does not have any legal backing to be on that property again.
“The issue before the court isn’t the issue of ownership, federal high court does not determine ownership right, however, the issue before the court is whether or not the execution on DPKAY Property was wrong or not, and the court came to the conclusion that even the Court wouldn’t have made the Order if it was aware that the Counsel to AMCON failed to supply the proper deliberation of the property they sought to take over.
The court has specifically said the order 1(m) of the Order granted on 11th day of June 2020 is set aside. The order of AMCON upon which they took over DPKAY Property has been set aside and as a law abiding entity, they should vacate the premises.’’