To All the lawyers in the house.

I bought this land Sept. 2008 (Northern Nigeria) from a lady (M) who claim to be the owner with the original documents i.e, the original agreement btw her and the former owner (B) after consultation with the traditional chief in the area (seriki) and the community head (Gora). They were all witnesses to the transactions (they signed documents). A month later, I started digging trench for the foundation and somebody (AN)who claim to be the former owner's(B) cousin came to cover the trench claiming that the uncle (B) sold the land to him. We all requested for his Tittles to the land to prove his case which he failed to do. The traditional heads of the area were able to get his uncle (B) who denied ever selling that land to him. He confirmed that he (AN) once approached him (B) for the sales of the land which "AN" said he would love to add to his land which is next to mine but he refused. Before I could say jack, he brought the police and arrested all of us including M, B and the chiefs. His uncle (B) was locked up from xmas day to new eve. The Police commissioner ordered an immediate investigation which took the police eight weeks with a visit to the site and photos. while the investigation was on "AN" and his lawyer went to the Seriki for help to get another document to the land. The seriki ran to the police to inform them (in writing). Thereafter, "AN" stopped coming to the police command as directed by the police that we should all be reporting twice every week. The police concluded their investigation and gave us a date to see the Asst. comm. of police to know the outcome of their investigation. From the police report, "AN" was not able to show that the uncle sold the land to him neither was he able to bring any witness. The twist is that on the day of the police "verdict" "AN" brought a court notice taking me to court.
ONLY LAWYERS RESPONSE IS NEEDED PLEASE.

You have to tell us what the summons or "notice" brought by "an" is for? whether it is an injunction restraining you from the land or from tresspassing on the land or he is claiming the land from you from his statement of claim.

If it is not to recover the land and it was an intimidating summons to scare you, you can brief your lawyer to bring a counterclaim for injunctive relifs against him and his proxies from tresspassing on the land and if posible sue him for malicious prosecution, false imprisonment and a host of other wonderful claims that your lawyer can dream of to bar him from disturbing you as long as you say you have the right documents and witnesses to back you up.

Cheers!

@lawyer

A perpetual injunction restraining me, my agents assigns, privies or any persons of whatsoever name from further act of trespass on the land.
Declaration that the Tittle to the property is owned and belong to him "AN"
An order directing the "B" to hand over the necessary instrument relating to the land.
Claim of N500,000.00 as damages.

The only exhibit attached to this summons is Sales Agreement for his own land next to mine and his witnesses in his summon notice who happen to be "B" and one other person has refused to sworn to an oath for him instead "B" has agreed to stand as witness for me.

Hope above will help in your advice.

Well i guessed as much that he served you with a statement of claim for tresspass to land and an injunction to restrain you from from that land.

Since you have been served, you have less than 42 days to file your statement of defence, so it is best you report this to your lawyer and file a counter claim against the person and deny his original claims by presenting your own documents unless judgement will be ordered against you. Also make sure "B" is joined in the suit because the bone of contention surrounds "B" who might have sold the land to 2 people, so the first in time would gain precedence over the second person. Also brief all the witnesses who were party to the transaction to become court witnesses and please dont forget all documents needed to prove your case.

Its well!

Thanks Lawyer, God will reward you for your priceless help.

I have briefed my lawyer and he has invited "B" and "B" has sworn to an oath as a witness that he did not sell the land to "AN".
I have presented to my lawyer the following documents:
1. Sales Agreement btw "B" and the original traditional owner
2. Sales Agreement btw "B" and "M"
3. Memorandum of Sales with 50k stamp btw myself and "M" and
4. Sales Agreement btw myself and "M".

Do we need to sue "B" or "M" who directly sold the land to me.
I forgot to say that "AN" listed "B" and the Traditional owner as his witnesses and they have seen my lawyer and sworn to oath as my witnesses.
"B" also denied selling the land to "AN" in the Police Statement.

Enough of pple just reading. Make comments if you have good ideals of how I should go about this case.

Thanks.

gudlook:

Thanks Lawyer, God will reward you for your priceless help.

I have briefed my lawyer and he has invited "B" and "B" has sworn to an oath as a witness that he did not sell the land to "AN".
I have presented to my lawyer the following documents:
1. Sales Agreement btw "B" and the original traditional owner
2. Sales Agreement btw "B" and "M"
3. Memorandum of Sales with 50k stamp btw myself and "M" and
4. Sales Agreement btw myself and "M".

Do we need to sue "B" or "M" who directly sold the land to me.
I forgot to say that "AN" listed "B" and the Traditional owner as his witnesses and they have seen my lawyer and sworn to oath as my witnesses.
"B" also denied selling the land to "AN" in the Police Statement.

Hi Gudlock

I am sorry that at this juncture i will not continue to give you legal advise on this matter since you have briefed your lawyer and that amounts to conflict of interest legally contrary to the legal professional ethics rule and i could be held liable for giving out legal advise contrary to what your lawyer has prepared for you.

I will only advise you to consult with him and listen to his plans from now on. I know he has your best interest at heart. Dont worry it is well

Quote from: gudlook on Yesterday at 05:35:39 PM
Thanks Lawyer, God will reward you for your priceless help.

I have briefed my lawyer and he has invited "B" and "B" has sworn to an oath as a witness that he did not sell the land to "AN".
I have presented to my lawyer the following documents:
1. Sales Agreement btw "B" and the original traditional owner
2. Sales Agreement btw "B" and "M"
3. Memorandum of Sales with 50k stamp btw myself and "M" and
4. Sales Agreement btw myself and "M".

Do we need to sue "B" or "M" who directly sold the land to me.
I forgot to say that "AN" listed "B" and the Traditional owner as his witnesses and they have seen my lawyer and sworn to oath as my witnesses.
"B" also denied selling the land to "AN" in the Police Statement.


Hi Gudlock

I am sorry that at this juncture i will not continue to give you legal advise on this matter since you have briefed your lawyer and that amounts to conflict of interest legally contrary to the legal professional ethics rule and i could be held liable for giving out legal advise contrary to what your lawyer has prepared for you.

I will only advise you to consult with him and listen to his plans from now on. I know he has your best interest at heart. Dont worry it is well

@Lawyer,

Very well said. Glad to see colleagues like you upholding the tenets and ideals of our honorable profession.

@Gudlock,

Like lawyer rightly said stick to the advise your solicitor gives you. i can however give you just one free advise:

There is a need to ensure the admissibility of your sale agreement in court by ensuring that it is stamped and registered.

Enough said.

Wish you all the best.

J

@ Jericho,
@ Lawyer,

Thanks my brothers. I understand why u guys must respect that noble and honorable profession. I really appreciate you guys. At least I can say after all I have gone through,
Nigeria: Good people, Great Nation.

Thanks guys.

Good people of Nairaland. What do u guys think ooooooooooooooo!!!.

Thank God you are faithful to your profession. Keep it up when it comes to money.

too long to read

fesse:

too long to read

which part?

oga lawyer, weldone

^{once again voltron has shown that he can hold his own against the evil forces of prince lotor and witch hagar}

fesse:

too long to read

Not really. I had a similar issue back in 06/luckily it was dealt with judiciously

claim it back

you are man enough, what belongs to you belongs to you
or is it the other way round?

@gudlook, i feel you. This can be very annoying you know. I have experienced it before.

@lawyer, i have a similar case really. My dad bought a piece of land in 1991 somewhere in Apata Ibadan. Over the years, the land which has a main road that runs right in front of it is now in a developed area. My dad visit it once a year or thereabout to see his land and clear the bush. For some reason, he wasnt able to visit last year and only did this year (about three months ago) and discovered that blocks of shops have been built on the land.

The land was two plot originally, the old man who sold the land to him built his own house on what plot and sold the other land to my dad. My dad then asked him who built on his land and the old man claimed he sold the land to another pastor because my dad refused to build on the land. He said this himself at the police station. So my dad got him arrested. The DPO of the police station in apata summoned the pastor to the station and his survey papers and agreement was dated 2008. My dad's survey and agreement was dated 1991. My dad does not have C of O actually and the pastor did not present one.

After weeks of visiting the police station, my dad was told to pay the man(the pastor) who built the block of shops the cost of building the block of shops on the land. I personally told my dad to involve a lawyer and sue him to court instead. He hasnt done that really, i guess he's scared of having a fight over landed property, but i'd like to ask for your suggestions really in relation to this.

Is it fair for him to pay the sum of 700K to offset the block of shops (that was the valuation), or sue him to court. Personally i do not think he should, but what does the law says in regards to this please. Is there anyway round this? please advice.

denony:

claim it back

you are man enough, what belongs to you belongs to you
or is it the other way round?

My guy, This is one thing I am determine to see till the end by the grace of Almighty God. How can somebody from no where without any papers come and fight over the land I legitimately bought. Some nigerians are very funny o! I know God is ever faithful when you are right. Some people no dey Fear Baba GOD at all. Na im make most of them dey die like chicken.

@Lawyer

Please, i am thinking of picking up property somewhere around Amuwo Odofin sometime soon but i usually have fears of one or more people having issues with me after payment like what the poster talked about.In Nigeria today, it's very common place to have a dozen people with certificate of occupancy and land survey documents to a piece of land.What measure can i put in place to guarantee the security of my investment?

truth is naijas never pay fees, except police n medical fees cos either 1 u dont pay u die or hang.

its inperative that b4 u emback or buying any land in that 1 should contact a legal practitioner to conduct due diligence on the said but trust our people, its only when d deal turn sour that they run to lawyer "magician" for immediate sulotion, was this lawyer not around prior to maikg payments.

gudluck, as my colleague as has rightly said its unethical to proffer legal advise to u, as u claimed to have engage a solicitor out there in the norh to handle ur affairs.

advise to other would be buyers it is advisable to rather spend a little extra naira and have piece of mind, i too sabi no dey inside its either u r a lawyer or not, pay fees n get service

@mccloud224
i believe there r a host of legal practitioners on this forum, if u need legal guidiance and advise, contact any.