Lagos Court Grants Engineer Anthony Ugbebor’s Motion to Amend Defence in N152m Property Dispute With Developer
Justice Akingbola George of the Lagos State High Court sitting at Tafawa Balewa Square has granted all reliefs sought by engineer Anthony Ugbebor in a property dispute involving ₦152 million.
Ugbebor, the first defendant in Suit No: LD/4471LM/2023, filed a motion requesting leave to amend his statement of defence and counterclaim. The suit was brought by property developer Olukayode Olusanya and his company, Oak Homes Limited, against Ugbebor and the Economic and Financial Crimes Commission (EFCC), seeking declarations including trespass on the disputed property.
Through his counsel, Mr. N.A. Salau, Ugbebor sought permission to amend his defence, call additional witnesses, and have the amended documents recognized as properly filed. The proposed amendments pointed out that the contractual relationship began with an offer letter dated November 6, 2017, accepted by Ugbebor, and that the claimant breached the agreed project delivery deadline of February 28, 2019—well before the COVID-19 pandemic—which negatively affected the defendant.
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Salau argued that amendments at this stage of proceedings were necessary and did not prejudice the claimants but rather ensured justice. The claimants did not file a formal counter-affidavit but, through their counsel Mr. A.O. Erue, requested time to respond to the amended pleadings and objected to the immediate commencement of trial.
In his ruling, Justice George emphasized that courts may grant amendments at any stage, especially when they are essential to correct errors or add relevant facts to ensure a just outcome. He granted leave to Ugbebor to amend his defence and counterclaim, called the additional witnesses, and deemed all amended documents properly filed and served.
Following the ruling, Salau informed the court that Ugbebor was attending proceedings virtually from the United States, and one of the witnesses had traveled from Abuja for the hearing. He requested a cost of ₦500,000 for the day’s adjournment, but this was opposed by the claimants’ counsel. The court declined to award costs to either party.
The court further granted the claimants leave to file their consequential amended statement of claim within 14 days. The matter was adjourned to June 20, 2025, for hearing.
In the suit, Olusanya, who previously paid the EFCC ₦102 million, urged the court to compel the EFCC to pay this sum to Ugbebor, who did not seek a refund. The claimants also demand ₦50 million in damages for alleged trespass on the property between July 26 and August 21, 2023, and seek an injunction restraining Ugbebor from accessing the site. Additionally, they claim ₦5 million for legal fees.
Separately, a related criminal case involving Olusanya and Oak Homes is ongoing at the Federal High Court in Lagos, with the police as complainant and Ugbebor as the nominal complainant.
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