Property owners and residents of NICON Town Estate in the Lekki area of Lagos State have formally requested a Lagos State High Court to dismiss an originating summons filed against them. They are pushing for a comprehensive trial to settle a contentious land dispute.
Residents Challenge Legal Procedure in Land Tussle
The defendants, which include the Incorporated Trustees of the NICON Town Residents and Plot Owners’ Association and 14 individual homeowners, appeared before Justice Olukayode Ogunjobi at the Tafawa Balewa Square court. They argued that the procedure chosen by the claimants—Harris Dredging Limited and the Nicon Town Management Company (NTMC)—is unsuitable for the complex case.
The claimants initiated the suit, marked LD/5141/LM/2024, seeking confirmation of Harris Dredging's title to a 5,899.31 square meter parcel of land within the estate's Community Centre Zone. They also asked the court to declare their 2010 Deed of Sub-lease, registered as Instrument No. 76/76/2349, as valid and enforceable.
However, the defendants' counsel, Adebayo Adeyemo, countered that an originating summons cannot handle a dispute filled with allegations of fraud, conflicting documents, and disputed authority. He emphasized that the Supreme Court has consistently ruled this procedure inappropriate for fact-heavy controversies requiring oral evidence.
Conflicting Agreements and Allegations of Fraud
The claimants' counsel, George Oguntade (SAN), insisted the case was properly filed. He stated that the amended originating summons primarily seeks the interpretation of a May 31, 2023 settlement agreement, which he claims binds all residents and resolves outstanding issues, including recognizing Harris Dredging's title.
In response, counsel to the first defendant, Titilola Akinlawon (SAN), objected, accusing the claimants of ignoring an earlier 2016 agreement that contradicts their position. She argued that overlapping documents and inconsistencies make a full trial indispensable.
In a detailed affidavit, the second defendant, Adekola Balogun, claimed the disputed land is part of the Community Centre Zone meant for utilities and recreation, as shown in the approved layout plan DM/628 of October 22, 2003. He stated that NTMC was incorporated in April 2004, long after Julius Berger and P.W. Nigeria Limited constructed the estate's infrastructure in 2002.
Balogun further alleged that the 2010 Deed of Sub-Lease is invalid because it was never authorized by shareholders, NTMC lacked the authority to sublease communal land, and the document contains fraudulent recitals. He accused the claimants of withholding the approved layout plan because it undermines their claim.
Motion to Disqualify Counsel and Adjournment
The defendants also filed a motion seeking to disqualify Mr. Yele Delano (SAN) from representing Harris Dredging, alleging a fundamental conflict of interest. They argued that Delano is a plot owner in the estate, a member of the Residents’ Association, a director of NTMC, and the drafter of the disputed 2016 agreement. These roles, they claim, make him a potential witness, rendering his position as counsel unethical.
Responding for Harris Dredging, Company Secretary Okon Okon stated the firm co-developed the estate with the National Insurance Corporation of Nigeria (NICON). He maintained that all disputes were resolved in the 2023 settlement, which required Harris Dredging to make major concessions, including granting an 800sqm plot, paying N150 million, and remitting N400 million to the association.
After hearing all submissions, Justice Olukayode Ogunjobi adjourned the case until February 19, 2026, for a ruling on the preliminary objections.
