Terms of Settlement, Consent Judgment and Others in Segun Kehinde Taylor Matter-11-17

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IN THE HIGH COURT OF LAGOS STATE HOLDEN AT COURT 43 IKEJA JUDICIAL DIVIS ION TODAY WEDNESDAY THE 18TH DAY OF DECEMBER, 2019 BEFORE HON. JUSTICE O. A. OGALA (MRS.) SUIT NO: 1D/7733LMW/18 _ 1é CLAIMANTS BETWEEN: - 1. SEGUN KEHINDE TAYLOR 2, ALEX OLAWALE KEHINDE TAYLOR: (Legal representatives of the Estate of Late E.J. Alex Taylor) a 1 3. UNITED INVESTMENTS LIMITED cont Certified True AND 1. THE ATTORNEY GENERAL AND COMMISSIONER FOR JUSTICE, LAGOS STATE 2, THE LAGOS STATE GOVERNMENT => DEFENDANTS is CONSENT JUDGMENT Upon the amicable resolution of this Suit between parties and in furtherance of the term of settlement executed and filed on the 28" day of November, 2019, now confirmed before this Court. Judgment is entered in this Suit of the said terms of settlement of 28/11/2019 accordingly. Parties are to bear their respective costs. ‘TERMS OF SETTLEMENT 1. By the Writ of Summons and Statement of Claim dated 20" December, 2018. the Claimants claim dated against the Defendants as follows: i A Decartign ‘that the failure, refusal or neglect of the Defendants to deliver waréhouse industrial complex at Plots 412/420 “possession bf ‘the Claimants’ Lagos/Abeokuta Expressway, Abule Egba, Lagos covered by Deeds of Partition Nos: 7/7/1543 and 11/11/1543 dated the 18" day of February 1976 since the 28" day of September 2016 when it was sealed up by the Defendants is illegal and unconstitutional. A Declaration that the Claimants are entitled to possession of their warehouse industrial complex at Plots 412/420 Lagos/Abeokuta Expressway, Abule Egba, measuring approximately 20.68 acres covered by Deeds of Partition Nos: 7/7/1543 and 11/11/1543 wrongfully sealed up and occupied by agents and servants of the Defendants since the 28" day of September 2016 iii. A Declaration that the registered freehold interests of the Claimants over subject property Nos: 7/7/1543 and 11/11/1543 dated the 18" day of February 1976 confer and vest absolute ownership and title over subject property on the Claimants. iv. A Declaration that the combined effect of the provisions of both Section 27 of the Registration Law of Lagos State 2015 and Section 34(1) of the Land Use Act 1978 Confer and vest on the, Claimants by Virtue of their registered interests Nos : 7/7/1543 and 11/11/1543 an indefeasible and absolute title of ownership over subject property which supersede and annul any legal or customary interest of any third party including the State. fe Peretti Certified True Copy Perpetual injunction to restrain the Defendants whether by themselves, public Servants or agents or otherwise howsoever from entering, trespassing, using or remaining in occupation of the Claimants’ industrial warehouse complex at Plots 412/420 Lagos/Abeokuta Expressway, Abule Egba, vi. Damages for loss of rental income on property with annual rental value of N200, 000, 000, 00 (Two Hundred Miillion Naira) from the 28th day of September 2016 till ‘judgment. vil. Aggravated/exemplary damages In the sum of N250, 000,000.00 (two hundred and fifty Million Naira) for the High Handed and objectionable manner in which subject property was teken over by the Defendants. vil, General damages in the sum of N100, 000,000.00 (one Hundred Million Naira) for Malicious Damages to the Claimants’ industrial warehouse complex Including theft of fixfaires, transformers, (2) warehouse gates (9] Aluminum roofing sheets of the entire warehouse. ix A Decoration that the Claimants’ industrial warehouse complex at Plots 412/420 Lagos/Abeokuta Expressway, Abule Egba, Lagos covered by Deeds of Partition Nos: 7/7/1543 andi 11/11/1543 at the Lands Registry Office Lagos cannot be taken 2, possession of compulsorily save in accordance with the provisions of Section 44 of the 1999 constitution. ‘The Defendants, in consenting to amicable resolution of this matter, have expressed thelr readiness to execute a Terms of settlement with the Claimant to enable parties finally determine all issues in disputes between them. The parties have resolved to settle this land dispute of the following 4, The Deféndants hereby agree to deliver possession of the Claimants’ warehouse industrial complex at Plots 412/420 Lagos/Abeokuta Expressway, Abule Egba, 7/1/1543 and 11/11/1543 dated the 18 day of Lagos covered by Deeds of Partition Nos: February 1976 since the 28" day of September 2016 to the Claimant's on Friday 13" December, 2019 2, The Claimants hereby drop all claims made against the Defendants in this Sult. 3, “This Terms of Settlement shall be in full and final settlement of the case between the parties. 4. This agreement is binding and enforceable against parties, their assigns erd every person claiming through them. a Certified Weve Cont Itis further agreed as follows: ‘That the Honorablé Court adopts this Terms of settlement as the judgment of this Honourable Court upon Consent of the parties. HON.JUSTICE O:A. OGALA (MRS.) JUDGE | 18/12/2019. Sli IN THE HIGH COURT OF LAGOS STATE A IN THE IKEJA JUDICIAL DIVISION An be 2 HOLDEN AT IKEJA Ne SUIT NO: ID/7733LMWitg BETWEEN: ells - SEGUN KEHINDE TAYLOR (2° /0/?" ) 2. ALEX OLAWALE KEHINDE TAYLOR ) (Legal representatives of the Estateof ) CLAIMANTS ) ) = Late E.J. Alex Taylor) 3, UNITED INVESTMENTS LIMITED AND 1. THE ATTORNEY GENERAL AND ) ~ COMMISSIONER OF JUSTICE, LAGOS STATE ) DEFENDANTS 2, THE LAGOS STATE GOVERNMENT ye ? Certified True Copy MENT : TERMS OF SE WHEREAS: 1. . The Claimants commenced the action vide a Writ of Summons dated 20" December 2018 against the Defendants seeking the following reliefs: 7 ' (2)A declaration thatthe failure, refusal or neglect of the Defendants © to deliver possession of the Claimants’ warehouse industrial complex at Plots 412/420 Lagos/Abeokuta Expressway, Abule Egba, Lagos covered by Deeds of Partition Nos.: 7HI1543 and 11/11/1543 dated the 18 day of February 1976 since the 28" day of September 2016 when it was sealed up by the Defendants is iegal and unconstitutional. (b)A declaration that the Claimants are entitled to possession of their warehouse industrial complex at Plots 412/420 Lagos/Abeokuta “2 Expressway, Abule Egba Lagos measuring approximately n 20.68acres covered by Deeds of Partition dated 18” day of February 1976 registered as Nos.: 7/7/1543 and 11/11/1843 1 wrongfully sealed up and occupied by agents and servants of the Defendants since the 28" day of September 2016. (c)A declaration that the registered freehold interests of the Claimants over subject property Nos.: 7/7/1543 and 11/41/1543 vest on the Claimants the statutory rights of occupancy over same by virtue of Section 34 (1) of the Land Use Act of 1978. (d)A declaration that by virtue of Section 27 of the Lagos State Lands Registration Law 2015 the Claimants’ registered interests Nos.: 7/7/1543 and 11/11/1543 dated the 18" day of February 1976 confer and vest absolute ownership and title over subject property on the Claimants. Certified True Copy (e)A declaration that the combined effect of the provisions of both Section.27 of the Registration Law of Lagos State 2015 and Section 34 (1) of the Land Use Act 1978 confer and vest on the Claimants by virtue of their registered interests nos. 7/7/1543 and 11/11/1543 an indefeasible and absolute title of ownership over subject *property which supersede and annul any legal or customary interest of any third party including the state. (f) Perpetual Injunction to restrain the Defendants whether by themselves, public servants or agents or otherwise howsoever from entering, trespassing, using or remaining in occupation of the Claimants’. Industrial warehouse complex at Plots 412/420 Lagos/Abeokuta, Expressway, Abule Egba, Lagos. (g)Damages for loss of rental income on property with annual rental value of N200, 00,000.00 (Two Hundred Million Naira) from the 28" day of September 2046 till judgment. (h)Aggravated/exemplary damages in the sum of N250, 000,000.00 (Two Hundred and Fifty Million Naira) for the high handed and objectionable manner in which subject property was taken over by the Defendants. (i) Generaf'damages in the sum of N100, 000, 000.00 (One Hundred Million-Naira) for malicious damage to the Claimants’ industrial warehouse complex .including theft of fixtures, transformers (2), 2. p Y warehouse gates (9), Aluminum roofing sheets of the entire warehouse. (j) A declaration that the Claimants’ Industrial Warehouse Complex at Plots 412/420 Lagos/Abeokuta Expressway, Abule Egba, Lagos covered by Deeds of Partition registered as Nos.: 7/7/1543 and 11/11/1543 at the Lands Registry Office Lagos cannot be taken possession of compulsorily save in accordance with the provisions of Section 44 of the 1999 Nigerian Constitution. 2. The Defendants, in consenting to amicable resolution of this matter, have expressed their readiness to execute a Terms of; Settlement with the Claimant to enable parties finally determine all’issues in disputes between them. Ha Certified True Copy WHEREBY IT IS AGREED AS FOLLOWS: 1. .. The Defendants hereby agree to deliver possession of the Claimants’ warehouse industrial compiex at Plots 412/420 Lagos/Abeokuta ~ Expressway, Abule Egba, Lagos covered by Deeds of Partition Nos.: 7/7/1543 and 11/11/1543 dated the 18™ day of February 1976 sincé the 28" day of September, 2016 to the Claimants’ on Friday 43" December, 2019. 2.-~ The Claimants hereby drop all claims made against the Defendants in this suit. 3. This Terms of Settlement shall be in full and final settlement of the case between the parties. 4.5: This: agreement is binding and enforceable against parties, their assigns and every person claiming through them. i ~ IN WITNESS WHEREOF, the parties and their respective Counsel have ‘set their hands and seals in the manner below and caused these Terms of : Settlement to be executed in the manner below. SEGUN KEHINDE TAYLOR (187 CLAIMANT) ALEX OLAWALE KEHINDE TAYLOR & c Z Loe (28° CLAIMANT) The Common Seal of the 3°° CLAIMANT, UNITED INVESTMENTS LIMITED is affixed In the presence of: ER. WL aie LO f) DIRECTOR etaified True CORN DIRECTOR Claimants’ Solicitor: Name:__O- E- Qs Signature: & Date:_2e—U - 2f The Hon. Attorney General and Commissioner of Justice ALEGin F " For; the Lagos State Government The Defendants’ Solicitor: r jeff 28d 2+ Name: ddd Arapo (Acs) Signature: = bib — Date. ZT! certifi are nel) ‘ “Akanwande 0. & 0G CAYO ‘Commissioner Far Oaths _ Bigot OF ago hee a o- Z, ;

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