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AMCON Carried Out Wrong Execution Of Court Order On Dpkay Homes And Property Limited ~Omonaijablog



Over what can be described as an "illegal encroachment", a real estate company in Lagos, DPKay Homes and Property Limited, has called on the Asset Management Corporation of Nigeria (AMCON) over a recent trespass on one of its Lagos property.


We learnt AMCON officials, in the company of armed security officials armed to the teeth, had, on Wednesday, stormed a property of the company located at the Sangotedo, etiosa local government, Lagos, on the claim that a court order was secured in its favour over the ownership of the 20 hectares of land.
Holding brief for DPKay, legal adviser to the company, Barrister Seun Alao, in a letter addressed to AMCON, and made available to pressmen, said: "Our client is the beneficial owner of all that portion of land measuring approximately 20.003 hectares of land, same split into two parcels of (A) Area to 13.274HA and (B) Area of 6.729HA. This is much clearly exemplified on survey plan number — LS/D/LA4848/A&B signed by Surv. Olutomi A. Sangowawa, the Surveyor General of Lagos State.

"That the parcel of land currently taken over and occupied by policemen and a private security outfit, at your instance, belongs solely to our client as an allottee of Lagos State Government under Private Sector Developers' Programme (PSDP).
"Our client is not indebted to AMCON neither is any of our client's prime movers a director in any of the respondents endorsed on the face to the order of court dated 11th day of June, 2020, with suit number FHC/L/CS/537/2020."

Setting the records straight, Alao, opined that the illegal invasion of the property by AMCON may have been mistakenly done. 
He, however, reeled out certain observations indicating a seeming mistaken identity.
"Our client's property was never mentioned in the order served on our client.  An order of court to be executed on a landed property cannot be given at large. There must be proper descriptions and delineations, else, such execution can result in anarchy as with the instant situation.

There are several parcels of land located at Lekki-Epe Expressway, Sangotedo. Our client's property has a proper description. Therefore, our client's property is not covered by the order of His Lordship, Honourable Justice Saliu Saidu."

In a bid to substantiate its claims, copies of the demand notice, survey plan, letter of allocation, as well as the receipt of payment to the Lagos State Government were all made available to journalists at the briefing. The said receipt indicates that the land was sold to the company at N600milllon and fully paid for, under the Private Sector Developers' Programme (PSDP).


Speaking, the Managing Director of DKPay Homes and Properties, Engineer Wole Sholola, expressed his worries and disappointment over the development.
"This morning (Wednesday), as early as 9am, I received a call that AMCON was in one of our property at Sangotedo which took me unawares because we don’t have any dealing with AMCON at all. We didn’t even take any loan from any bank, not any of the financial institutions, both home and abroad. So, their presence was shocking to the management.
 "There was no notice served that I am aware of. I was shocked this morning when the GM called me to say AMCON were on site without any notice or anything," he said.


Giving an eyewitness account of what he described as "harassment" by security officials led by AMCON to the site, the General Manager of the company, Engineer Kuti Taofeeq, said: "At about 9:30am this morning, some guys led by one Mr. Lanre Olaoluwa representing Matrix Company, led some court sheriffs with so many thugs, Mopol all numbering over 50 men forced themselves into our property, overpowering just one security man.


"I was upstairs, so I had to quickly rush down to ask what the situation was. They were busy shouting, 'shut it down', 'nobody can take anything out'. I just told them to try and be civil. Even if we are owing you, we just need to talk, no matter what the problem is. However, we are not in any way connected to the description in the order they served us and a letter from AMCON.
"I went to their lawyer who was with them and I tried to talk to him gently. I said I am aware AMCON is a governmental institution and we have bought this land from the government, with a direct allocation from the Lagos State Government, out of the Sky View Scheme. 


"I told them they don’t have to manhandle people. You can't just be slapping innocent people who are working lawfully, gainfully employed. We are all Nigerians. The law that governs you is the same law that governs me. You don’t have the right to start slapping people.
"They were seriously animalistic in behavour. We were manhandled, slapped, and some shirts torn. There was a pregnant woman there. You can imagine the trauma. They almost slapped her, I had to help shield her from them. "Lending credence to the development, Alao added: "It is a government acquisition from a scheme belonging to Lagos State Government. We acquire that land from Lagos State. We have all the documentation.
"By virtue of Section 28 of Land Use Act, all lands belong to the state government and the state made this available and we paid handsomely."

The priceless asset that every human carries is your name. The company's solicitor said: "The image of our client has been seriously dented. No amount of money can replace that, aside from the trauma from the humiliation of the whole company. A lot of calls have been been received today from various investors, not only in Nigeria but outside the country, saying, 'DPKay, we didn’t know you are owing’. How do we remove that?
"Our property has a description with the government. Government gave us the necessary documents signed by the Surveyor General of Lagos State, describing what the government has sold to us.

"We have got back to Lagos State and they still can’t understand what is the connection with AMCON. We will continue our discussion and we will take the appropriate action at the appropriate time. Rest assured that we will make demands."

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