N152m Property Dispute: Court Grants Defendant's Request To Amend Counter-claim, Call Additional Witnesses
By Peter Dansu
Justice Akingbola George of the Lagos State High Court sitting in Tafawa Balewa Square, has granted all the reliefs sought by a United States based Engineer, Anthony Ugbebor, in a property dispute involving N152 million.
Ugbebor, first defendant in the matter, had filed a motion seeking leave to amend his statement of defence and counter-claim in Suit No: LD/4471LM/2023.
The suit was filed by property developer Olukayode Olusanya and his company, Oak Homes Limited, against Ugbebor and the Economic and Financial Crimes Commission, seeking various reliefs including a declaration of trespass.
In a motion dated March 31, 2025, supported by a 13-paragraph affidavit and a written address dated April 9, 2025, the first defendant, through his counsel, Mr. N. A. Salau, prayed the court for an order granting leave to amend his initial statement of defence and counterclaim.
He also prayed the court for an order to call additional witnesses and to deem the amended processes as properly filed.
He asked the court to make any order as it deems fit.
Counsel to Ugbebor, in his submissions, raised a sole issue for determination whether the court had the power to grant the defendant leave to amend his defence.
He relied on all averments contained in the affidavit and highlighted the relevance of introducing more information to support his client’s case.
In his argument, he said the court could grant such an application at any stage of proceedings.
He further argued that the proposed amendments neither prejudice the claimants nor overreach them, adding that the essence of amendment is to ensure that justice is done.
In his response to Salau's submission, the claimants through their Counsel, Mr. A. O. Erue, expressed the need for the claimants to file consequential amended processes, following the court’s ruling.
He also objected to the immediate commencement of trial.
In his ruling on submissions of Counsel, the court held that it is trite law that amendment of pleadings may be granted at any stage of proceedings, particularly, where such amendment is necessary to correct errors or introduce additional facts material to the just determination of the suit.
Justice George held: “A court will not refuse an amendment merely because it introduces a new fact. What is important is that the amendment is necessary for the just and proper determination of the issues before the court.”
The court further held that the applicant had complied with the provisions of the High Court of Lagos State (Civil Procedure) Rules, of order 30 rule 10,and accordingly granted the following orders:
An order granting leave to the first defendant/applicant to amend his statement of defence and counterclaim;
An order deeming the amended processes as properly filed and served;
An order granting leave to call additional witnesses, namely Mr. Oluwaseyi Omodele and Mr. Shehu Hassan, amongst others.
Following the court’s ruling, Mr. Salau informed the court that the first defendant was attending proceedings virtually from the United States and that one of the proposed witnesses had travelled from Abuja for the hearing.
He consequently sought a cost of N500,000 against the claimants for the day’s adjournment.
In response, Mr. Erue opposed the application for cost, describing it as unmeritorious, and argued that the claimants were entitled to a reasonable opportunity to respond to the newly introduced facts in the defendant’s amended pleadings.
He further submitted that the commencement of trial at that stage would amount to an ambush and would be prejudicial to the claimants’ case. He also sought cost in the alternative.
In resolving the issue, Justice George declined to award cost in favour of either party.
“There shall be no award of costs; each party shall bear its own costs,” the judge ruled.
The court thereafter granted leave to the claimants to file and serve their consequential amended statement of claim within fourteen (14) days.
The matter was adjourned to June 20, 2025, for hearing.
In the suit, the claimants are seeking an order of the court compelling the EFCC to pay the sum of N102 million the claimant allegedly paid to the Commission to Ugbebor without proper authorisation.
They also claim the sum of N50 million against Ugbebor as damages for alleged trespass on the property between July 26 and August 21, 2023, and seek an order of perpetual injunction restraining him from accessing the site.
An additional sum of N5 million is claimed as professional legal fees.
By Peter Dansu
Justice Akingbola George of the Lagos State High Court sitting in Tafawa Balewa Square, has granted all the reliefs sought by a United States based Engineer, Anthony Ugbebor, in a property dispute involving N152 million.
Ugbebor, first defendant in the matter, had filed a motion seeking leave to amend his statement of defence and counter-claim in Suit No: LD/4471LM/2023.
The suit was filed by property developer Olukayode Olusanya and his company, Oak Homes Limited, against Ugbebor and the Economic and Financial Crimes Commission, seeking various reliefs including a declaration of trespass.
In a motion dated March 31, 2025, supported by a 13-paragraph affidavit and a written address dated April 9, 2025, the first defendant, through his counsel, Mr. N. A. Salau, prayed the court for an order granting leave to amend his initial statement of defence and counterclaim.
He also prayed the court for an order to call additional witnesses and to deem the amended processes as properly filed.
He asked the court to make any order as it deems fit.
Counsel to Ugbebor, in his submissions, raised a sole issue for determination whether the court had the power to grant the defendant leave to amend his defence.
He relied on all averments contained in the affidavit and highlighted the relevance of introducing more information to support his client’s case.
In his argument, he said the court could grant such an application at any stage of proceedings.
He further argued that the proposed amendments neither prejudice the claimants nor overreach them, adding that the essence of amendment is to ensure that justice is done.
In his response to Salau's submission, the claimants through their Counsel, Mr. A. O. Erue, expressed the need for the claimants to file consequential amended processes, following the court’s ruling.
He also objected to the immediate commencement of trial.
In his ruling on submissions of Counsel, the court held that it is trite law that amendment of pleadings may be granted at any stage of proceedings, particularly, where such amendment is necessary to correct errors or introduce additional facts material to the just determination of the suit.
Justice George held: “A court will not refuse an amendment merely because it introduces a new fact. What is important is that the amendment is necessary for the just and proper determination of the issues before the court.”
The court further held that the applicant had complied with the provisions of the High Court of Lagos State (Civil Procedure) Rules, of order 30 rule 10,and accordingly granted the following orders:
An order granting leave to the first defendant/applicant to amend his statement of defence and counterclaim;
An order deeming the amended processes as properly filed and served;
An order granting leave to call additional witnesses, namely Mr. Oluwaseyi Omodele and Mr. Shehu Hassan, amongst others.
Following the court’s ruling, Mr. Salau informed the court that the first defendant was attending proceedings virtually from the United States and that one of the proposed witnesses had travelled from Abuja for the hearing.
He consequently sought a cost of N500,000 against the claimants for the day’s adjournment.
In response, Mr. Erue opposed the application for cost, describing it as unmeritorious, and argued that the claimants were entitled to a reasonable opportunity to respond to the newly introduced facts in the defendant’s amended pleadings.
He further submitted that the commencement of trial at that stage would amount to an ambush and would be prejudicial to the claimants’ case. He also sought cost in the alternative.
In resolving the issue, Justice George declined to award cost in favour of either party.
“There shall be no award of costs; each party shall bear its own costs,” the judge ruled.
The court thereafter granted leave to the claimants to file and serve their consequential amended statement of claim within fourteen (14) days.
The matter was adjourned to June 20, 2025, for hearing.
In the suit, the claimants are seeking an order of the court compelling the EFCC to pay the sum of N102 million the claimant allegedly paid to the Commission to Ugbebor without proper authorisation.
They also claim the sum of N50 million against Ugbebor as damages for alleged trespass on the property between July 26 and August 21, 2023, and seek an order of perpetual injunction restraining him from accessing the site.
An additional sum of N5 million is claimed as professional legal fees.
