Dr. Ndulue’s damaged house at Alma Beach, Lekki, Lagos.
By Advocatenewsng.com
A multi-million naira property at Alma Beach Estate, Lekki, Lagos, belonging to an Octogenarian and retired gynaecologist, Dr Albert Ndulue, for which a Lagos High Court has made an order for parties in the civil litigation suit to maintain status quo, was last week Monday badly vandalised by NICON over what can be referred to as mistaken identity.
Dr Ndulue is the claimant in the suit labelled LD/27/67/GCMD/2018 pending before the court in relation to a claim over a property at Plot 8, Block 24. Alma Beach Estate, Lekki, Eti-Osa, LGA, Lagos.
While the claimant to the property is Mr Albert Ndulue, NICON Trustee and others are joined as defendants.
On July 13 when the matter was called , the trial judge, Justice Ganiyu Safari noted that the processes of the plaintiff was not before the court and had strike it out.
The claimant had consequently filed a motion asking the court to set aside its ruling indicating that their processes were not on record.
In the alternative, the claimant also sought an injunction, restraining the defendants from relying on the ruling of the court pending final determination of the suit
Whereas the suit is still pending before the court with the next hearing date fixed for December 12, the claimant alleged that the defendants secured the help of some touts and began the vandalisation and carting away materials, assets/items of the building.
According to Dr Ndulue, some of these vandalised and stolen items include Ceiling, Roofs, Windows, electrical fittings as well as damages to the entire building.
Ndulue said that he legally purchased the land on which he put up his building in 1991 when Alma Beach Estate advertised for the sale of plots of land in the Estate which he purchased and was allocated a plot in 1993
He said that in the process of getting and developing the property, he had requested for and acquired all necessary documents for the property, and in 2011, the management of the estate gave him all the necessary land documents.
He alleged that this was after series of court actions, adding that he then proceeded to apply for and obtained Lagos State governor’s consent including development plan.
According to him, in 2017, he had started building on the plot of land he purchased when he discovered a notice posted on his property that same is subject of an interim order of receivership in suit No FHC/L/CS/1242//2017 before a Federal High Court Lagos . He disclosed that the parties to the suit include NICON Trustee as alleged receiver manager, and one Mr Abah Onah
He said that the court eventually found the suit to be fraudulent and incompetent and dismissed it on June 18, 2018.
Consequently, he began development of his property to almost completion (95 percent completion}. But in 2021 while away on medical vacation, he got a call from a neighbour that his property had been put up for sale.
The aggrieved gynaecologist said that his lawyers discovered that it was same characters who were parties to the interim suit already dismissed by the court that were responsible for the attempted sale of his property.
He said that since then, it has been a thug of war, as hoodlums have continuously in recent times invaded his property, destroying , looting the materials of the building including the roofs, doors, windows, among others.
According to him, these elements are still relying on the interim order of the court which had already been struck out as it was found fraudulent.
He alleged that the other party had proceeded to Zone 2 Police Station and misrepresented facts to the AIG that they had gotten final judgement to take over the property.
He said that all efforts to invite the police to meticulously intervene on the issue and hear their part of the story has remained elusive.
Narrating his ordeal to journalists, Dr Ndulue who has retired from active practice of medicine expressed his worry over the alleged injustice following the unending onslaught against him and his property by the trio of NICON Trustees Ltd, the alleged receiver manager Mr Abah Onah, Mr Ejeta Otuoniyo and their accomplice.
“All efforts to convince the AIG to send police men to stop the thugs from cannibalizing my property proved abortive.
“He said he will only send police men to maintain peace when we start fighting and then ordered us to leave his office.
He said that the estimated damage in his building is N1billion, lamenting that his building should be restored to what it was before the vandalization.
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