The Lagos State High Court has granted an engineer, Anthony Ugbebor, leave to amend his statement of defence and counterclaim in a N152million property dispute.
The suit, filed by property developer Olukayode Olusanya and his company, Oak Homes Limited, against Ugbebor and the Economic and Financial Crimes Commission (EFCC), seeks various reliefs, including a declaration of trespass.
SaharaReporters reported on May 1, that the Court sitting in Tafawa Balewa Square, presided over by Justice Akingbola George had adjourned ruling on an application seeking to amend a statement of defence and counterclaim in a property dispute case involving Oak Homes Multinational Services Ltd and Anthony Ugbebor to May 26.
In its ruling on Monday, the court held that it has the power to grant leave to amend pleadings 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.
Ugbebor’s counsel, Mr. N. A. Salau, had argued that the proposed amendments would not prejudice the claimants or overreach them.
Ugbebor, a first defendant in the suit, had filed a motion seeking leave to amend his statement of defence and counterclaim in Suit No: LD/4471LM/2023.
The motion dated March 31, 2025, was supported by a 13-paragraph affidavit and a written address dated April 9, 2025. The first defendant, in the suit had prayed the court for an order granting leave to amend his initial statement of defence and counterclaim, an order to call additional witnesses, an order deeming the amended processes as properly filed, and such further orders as the court may deem fit.
In his submissions, Salau raised a sole issue for determination whether the court had the power to grant the defendant leave to amend his defence.
He relied on all averments contained in the affidavit and highlighted the relevance of introducing more information to support his client’s case.
Citing legal authorities, he noted that the court could grant such an application at any stage of proceedings.
In opposition, the claimants did not file a formal counter-affidavit but through their counsel, Mr. A. O. Erue, expressed the need for the claimants to file consequential amended processes following the court’s ruling, and objected to the immediate commencement of trial.
Ruling on the motion on Monday, the court 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.
“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,” Justice George held.
The court further held that the applicant had complied with the provisions of the High Court of Lagos State (Civil Procedure) Rules, of order 30 rule 10,and accordingly granted the following orders:
“An order granting leave to the first defendant/applicant to amend his statement of defence and counterclaim;
“An order deeming the amended processes as properly filed and served;
“An order granting leave to call additional witnesses, namely Mr. Oluwaseyi Omodele and Mr. Sheu Hassan, amongst others.”
However, the court declined to award costs in favour of either party, stating that each party shall bear its own costs.
The matter was adjourned to June 20, 2025, for hearing, after the claimants were granted leave to file and serve their consequential amended statement of claim within 14 days.
The claimants are seeking N102million from the EFCC, N50 million in damages for alleged trespass, and an order of perpetual injunction restraining Ugbebor from accessing the site, as well as N5 million in professional legal fees.
SaharaReporters had reported, in a separate case involving the same property, that the Nigeria Police Force was prosecuting Olukayode Olusanya, CEO of Oak Homes Limited, at the Federal High Court in Lagos for allegedly defrauding a Nigerian-American engineer, Anthony Ugbebor, of N152million.
Olusanya and his company face four charges of conspiracy, obtaining money under false pretences, fraud, and theft. They pleaded not guilty when arraigned on November 26, 2024.
According to the prosecution, Olusanya allegedly conspired with Lynda Umeh, Head of Sales and Marketing at Oak Homes, to defraud Ugbebor, after convinced to pay N152 million for two apartments at Oak Residence in Victoria Island, promising delivery by February 28, 2019, but failed to hand over the property.