12th April, 2012
A Lagos High Court has restrained the Registered Trustees of Believers Love World incorporated a.k.a. Christ Embassy and its agents and privies from further trespassing into a land situated at 7, Gafari Balogun Street, Off Samuel Awoniyi Street, Opebi Road, Ikeja, Lagos State, southwest Nigeria, pending the hearing and determination of the suit brought before the court by an octogenarian, Amos Olalere Amao.
In an affidavit sworn to by the claimant, Amos Olalere Amao and filed before the court by a Lagos lawyer, Barrister Gani Bello, the deponent averred that he is the owner of a piece of land situated at 7, Gafari Balogun Street, Opebi Road, Ikeja, Lagos covered by a deed of conveyance registered as number 89 at page 89, Volume 1698 of the Land Registry office, Lagos State.
Pa Amao averred further that he has been in possession of the land since 1978. He allegedly built a boys quarter on it where he resides with his family. He also has a building under construction in front of the boys quarters, all within the land in issue.
As required by the law of Lagos State, he applied for and got a residential approval building plan DCB/4881/35A dated 28 October, 1985, and for more than 40 years, he has never been challenged on the land as he exercised unrestricted and unfettered right of ownership over the land.
However, Pa Amao stated further that sometime in year 2011, when he went to his home town Ibadan, Oyo State, to attend to his failing health due to old age, he was alerted in February 2012 that someone has started to alter and redesign the building under construction on the land.
Upon his arrival in Lagos, he discovered that the Registered Trustee of Believers Love World Incorporated (Christ Embassy) had trespassed on his land and commenced the reconstruction of his building under construction to a church without his authority and approval.
When he confronted the defendant, they pleaded with him to overlook it as it was a mistake of dealing with an authorized person regarding the land with particular reference to the payment made to the unauthorized person in respect thereof.
The deponent averred further that when he persisted that the defendant should stop the reconstruction work on the land, he was threatened and asked to quit the premises.
Pa Amao contended that he did not lease or sell his land to the defendant, nor did he give permission or authorize anyone to lease or sell the land to the defendants. Consequently, he urged the court to restrain the defendant pending the determination of his suit.
In her ruling Justice Iyabo Raliatu Adebiyi, while restraining the defendant from further trespassing on the land in contention, ordered that the court process should be served on the defendant and adjourned till 16 April, 2012.