A private limited liability company, Mallat and Bowman Investment Nigeria Limited, has renewed its legal battle against Nigerian Bottling Company Plc, makers of Coca-cola soft drink and Discom Engineering Limited, over a 322.417-acre land both companies are occupying.
In a statement of claim filed before an Ikeja High Court by Barrister Adeola Adeleke, the claimant company in the suit is urging the court to issue an order for possession of the said land on the ground that the two defendants are occupying the land illegally.
Nigerian Bottling Company Plc was alleged to be having two plants, A and B, both of them located on Lateef Kayode Jakande Road in Ikeja.
The claimant averred that the title to Plant A was derived from Cadbury Nigeria Limited, while the company also derived its title from Chief Emmanuel Oyedele Ashamu, who is the predecessor in title.
The transaction mentioned above was consented to by the Lagos State Government, thus confirming the title of Chief Ashamu and invariably that of the claimant.
Cadbury was also alleged to have assigned a portion of its own parcel of land derived from Chief Ashamu to Daily Times of Nigeria Plc, which transaction was also consented to as earlier stated.
The claimant averred further that it did not know how Plant B directly behind Oluwalogbon Motors was acquired as it was not acquired from the claimant or its predecessor in title, Chief Ashamu.
Consequently, the claimant categorically stated that Nigerian Bottling Company is a trespasser on its parcel of land behind Oluwalogbon Motors Limited, while Discom Engineering is a complete stranger and interloper, who has trespassed on its parcel of land on Lateef Kayode Jakande Road, Ikeja, having not derived title from it or its predecessor in title.
It was averred that when Nigerian Bottling Company was challenged on its Plant B, the company claimed to have derived title to the land from Lagos State Government but the claimant contended that governments lacks the capacity to assign its parcel of land without its consent or that of its predecessor in title as it cannot alienate its land without paying compensation should such be acquired and none has never been received by the claimant or its predecessor in title.
Chief Emmanuel Oyedele Ashamu became the owner of 322.417-acre land, having bought it from Chief Sanni Ashade as the head of Ashade family and other accredited representatives of the family. He later assigned it to Mallat and Bowman Investment Nigeria Limited.
The transaction between Chief Ashamu and Ashade family was consented to by the Lagos State Government, thereby confirming the title of Chief Ashamu and invariably, that of the claimant, who now owns a total of 1,382.342 acres at Agidingbi village.
Chief Ashamu died in August 1992 interstate, but before his death, he had secured approval for the proposed structure.
The claimant now needs all the parcel of land for its businesses to the extent that it has fashioned out Tenants Rule and Regulations for all the tenants and consequently urged the court not only to declare that all parcels of land lying at Agidingbi village measuring 1,382.342 acres belong to it but to also order for possession and restraining the defendants on further trespassing on it.
However, in a statement of defence filed on behalf of Nigerian Bottling Company by Barrister Adeyinka Awopeju, the company, while denying almost all the claimant’s averments, alleged that the land in question was bought from Cadbury Nigeria Limited and had perfected its title to the land.
The defendant also averred that since it was put in possession of the land as far back as 2 November, 1976, the claim is statute barred and therefore urged the court to dismiss the suit.
Justice Samuel Babajide Candido-Johnson has adjourned till 30 September this year, for further hearing.
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