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Subscriber Takes RevolutionPlus to Court Over Land Transaction.
Ebele Ikpeoyi Takes RevolutionPlus Property to Lagos Magistrate’s Court Over Property Deal Dispute.
RevolutionPlus Property Development Company Limited is facing legal action at a Magistrate’s Court in Lagos. The lawsuit has been initiated by Ebele Ikpeoyi, a subscriber, citing an alleged breach of contract and the company’s failure to hand over a property she claims to have paid for between 2020 and 2022.
Ebele Ikpeoyi, who is also a legal practitioner, has enlisted the services of her attorney, Mr. Ugochukwu Eze, to represent her in this case. She detailed that her transaction with RevolutionPlus involved purchasing a piece of land situated in Emirates Seaview Estate, Ibeju Lekki, Lagos State.
After settling the full payment for the land, she received an allocation letter from the company in March 2022. Contrary to her expectations, she alleges that RevolutionPlus refrained from finalizing the necessary transfer documents. Instead, she claims the company informed her via email about an alternative property allocation in Highbury Estate – a location different from the one she originally paid for.
The Claimant also alleged that despite repeated request (both directly and through her lawyers) for the allocation of the land she paid for or a refund of the purchase price among other fees, the Defendant has refused to accede to her demand.
According to the claimant, upon filing the suit, the real estate company sent her a post-dated cheque which was rejected twice by her bank with an instruction that she returns same to the issuer. She added that due to the Defendant’s default, she incurred huge costs in securing another property around the area
The claimant is praying the court to award damages against the real estate company for breach of contract.
At the resumed hearing of the matter on August 7, 2023, the Defendant-company informed the court that it has an application seeking to have the court strike out the suit or refer the parties to arbitration.
He argued that the parties agreed to resolve any dispute between them by arbitration, adding that the court has no jurisdiction to entertain the suit.
The lawyer representing the Claimant countered the use of the arbitration clause by noting that his client had not signed any such agreement. Even if there were an agreement with an arbitration clause, he stated that the Defendant has already recognized the debt being claimed by the Claimant.
He posited that, given this acknowledgment, there’s no contention that would require arbitration. Drawing upon legal precedents, the Claimant’s attorney argued that the Court does not have the authority to send the parties to arbitration given the current case details.
However, the presiding Magistrate remarked that he may soon be departing from his role and thus might not be in a position to rule on the Defendant’s request. He suggested it would be more appropriate for the succeeding Magistrate to hear the arguments, emphasizing the benefits of the parties finding a resolution outside the courtroom. The case was subsequently postponed to October 4, 2023, for deliberation on the existing applications.
The Lagos State Government has said it would soon arrange a meeting with developers/owners of distressed buildings on how best to address the redesign and remodelling of such structures by November.
This was disclosed recently by the Commissioner for Physical Planning and Urban Development, Oluyinka Olumide, at a function in Alahusa, Lagos.
Olumide said the prevalence of distressed buildings in different parts of the state was worrisome and needed the urgent attention of all stakeholders.
He said, “The Ministry of Physical Planning and Urban Development as mandated by the Lagos State Urban and Regional Planning and Development Law, 2019, as amended, was willing to extend its responsibility for approving the remodelling of existing buildings to provide technical assistance to developers and owners of distressed buildings, especially on the design and remodelling of such buildings.
The Federal Government has instructed the contractors responsible for the 107km Enugu-Onitsha road dualization to expedite the project.
This directive was given by the Minister of Works, Senator David Umahi, during a meeting with MTN, the Enugu State Government, and the contractors, RCC Ltd and Nigercat Ltd, on Friday.
According to a statement released on Friday, the minister said he is disappointed over the slow pace of work on the project, he said, “Let me express my disappointment over the slow pace of work on that project. It is one of the worst roads in this country.
“Everywhere we have diversion; diverting from the one that RCC and Nigercat had completed, the contractors are not kind enough to even put stone based on the diversion points.”
He added, “So, by the reason of the launching of our Operation Free our Roads, it is now a violation of the policy on the side of the controllers and directors of the Federal Ministry of Works where we have vehicles falling on any project that is ongoing or where there are potholes on our roads.”
He also blamed the sufferings of road users on the lack of commitment and insensitivity of the contractors.
“The public must know that the President’s intention is not for them to suffer while trying to fix the roads, and it is their right to insist that contractors should fix the roads that they are engaged on,” he said.
The Minister commended the Enugu state government for their resolve to fund the construction of a 20 KM section of the road and expressed hope that MTN would execute the second phase of the project.
He noted, “Why the Enugu State government is intervening is because of the slow pace of work by the contractors and because of funding issues. The essence of tax credit is for funds to be made available. And so, I don’t see RCC going to keep their promise to finish this project in 6 months.
“My advice to MTN is to look for another contractor within that axis if they want to get the job done. Division of labour is even the best. While they are doing the road, and if Nigercat is doing a good job, you can give them greater scope to do if you want to finish that job.”
He warned contractors that the Federal Government would not accept phased handovers of projects and has phased out Variation of Price in contract administration.
The Ekiti State government has intervened to resolve a longstanding land dispute between the Elepe of Epe-Ekiti, Oba Ayodele Adesoye, and the Atolagbe family. The government cautioned against the misuse of modernization as an excuse to disregard traditional customs.
In line with the community’s traditions, the government has ordered the release of resources, including palm trees at Oko Oba Farmland, to Oba Adesoye for his administration. This decision ensures the continued adherence to age-old practices.
Ekiti State Deputy Governor, Chief (Mrs) Monisade Afuye, announced the resolution in Ado-Ekiti. The decision was made after considering the Elepe’s claim to Oko Oba Farmland based on historical evidence.
Mrs. Afuye acknowledged the Elepe’s right to be the custodian of Oko Oba Farmland, citing longstanding traditions that support his claim. The decision reflects the importance of respecting historical practices and ensuring their preservation.
The deputy governor, however, told the monarch in clear terms that other princes and princesses from all the three ruling houses should be allowed to farm on the land without payment of royalty.
Mrs Afuye appealed to the community to comply with the government’s position to restore unity, peace and orderliness to the beleaguered community.
Oba Adesoye expressed gratitude for the government’s decision and pledged to foster peace and unity between the throne and the community, aiming to accelerate Epe’s development.
Representing the Atolagbe family, Dr. Yemi Agbeleoba acknowledged their willingness to cede Oko Oba Farmland to the monarch. However, he emphasized the need for all three ruling houses to participate for a lasting and traditional solution.
Agbeleoba expressed appreciation for the government’s directive, believing it will contribute to resolving the long-standing conflict.
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