A Lagos State High Court has granted all reliefs sought by Anthony Ugbebor, a United States-based engineer, in an ongoing N152 million property dispute with property developer Olukayode Olusanya and his company, Oak Homes Limited.

Justice Akingbola George, in his ruling, permitted Ugbebor to amend his statement of defence and counter-claim in Suit No: LD/4471LM/2023, as well as call additional witnesses to strengthen his case.

The property dispute involves Olusanya and Oak Homes Limited as claimants against Ugbebor and the Economic and Financial Crimes Commission (EFCC) as defendants. The claimants are seeking various reliefs, including a declaration of trespass on the disputed property.

In a motion dated March 31, 2025, supported by a 13-paragraph affidavit and a written address dated April 9, 2025, Ugbebor, through his counsel, Mr. N. A. Salau, requested the court's permission to amend his initial statement of defence and counterclaim, call additional witnesses, and have the amended processes deemed properly filed.

Salau argued that the court had the power to grant such amendments at any stage of proceedings and that the proposed changes would neither prejudice nor overreach the claimants. He emphasized that the essence of the amendment was to ensure justice is served.

In response, the claimants' counsel, Mr. A. O. Erue, expressed the need to file consequential amended processes following the court's ruling and objected to the immediate commencement of trial.

Court's Decision

In his ruling, Justice George held that "it is trite law that amendment of pleadings may be granted at any stage of proceedings, particularly where such amendment is necessary to correct errors or introduce additional facts material to the just determination of the suit."

The judge further stated: "A court will not refuse an amendment merely because it introduces a new fact. What is important is that the amendment is necessary for the just and proper determination of the issues before the court."

The court granted Ugbebor leave to amend his statement of defence and counterclaim, deemed the amended processes as properly filed and served, and permitted him to call additional witnesses, including Mr. Oluwaseyi Omodele and Mr. Shehu Hassan.

Following the ruling, Salau informed the court that Ugbebor was attending proceedings virtually from the United States and sought a cost of N500,000 against the claimants for the day's adjournment. Erue opposed this application, describing it as unmeritorious.

Justice George declined to award costs to either party, ruling that "each party shall bear its own costs." The court granted the claimants 14 days to file and serve their consequential amended statement of claim.

Claims in the Dispute

In the suit, Olusanya and Oak Homes Limited are seeking an order compelling the EFCC to pay them N102 million, which they allege the Commission paid to Ugbebor without proper authorization. They are also claiming N50 million from Ugbebor as damages for alleged trespass on the property between July 26 and August 21, 2023.

Additionally, the claimants are requesting an order of perpetual injunction restraining Ugbebor from accessing the site and an additional N5 million as professional legal fees.

The matter has been adjourned to June 20, 2025, for hearing.