Court restraints AMCON from taking over Limited Liability Company’s landed property
A Lagos Federal High Court, has restrained Assets Management Corporation Of Nigeria (AMCON), and any other parties involved in N350, 556, 046.58million debt recovery in respect of landed property situated at Plot B, block 84/86 Magodo Residential scheme, in Somolu Local Government Area of Lagos State.
A Federal High Court had made an interim order granting AMCON to take possession over a parcel of land,situate at plot B Block 84/86 Magodo residential scheme in Somolu Local Government Area, Lagos State. However, a limited liability company, Ziggies Place Limited, through its lawyer, Barrister Abiodun Onidare, has filed an application before the court to join as a party in the said debt recovery suit filed by AMCON against Amak Arnold Nigeria Limited, and it’s manager, Mike Onuoha, as the interim order of possession affected it’s interest.
In an affidavit sworn to by Joy Oribhabor, a Litigation Manager in the law firm of Abiodun Onidare and Co., averred that AMCON through an interlocutory application obtained the order of the court granting it possession over a parcel of land belonging to Ziggies Place Limited situated at Plot B, block 84/86 Magodo Residential scheme, in Somolu Local Government Area of Lagos State.
The said land belongs to the Ziggies Place Limited seeking to be joined as a party, the Lagos State Land Bureau allocated the land to the company.
Sequel to the interim order of the court, granted to AMCON in this suit, the AMCON has been given the possessing right over a portion of the said landed property belonging to Ziggies Place Limited. The said interim order has affected the legal interest of the company seeking to be join as a party, as the said property has been sealed up with the interim order of the court.
As a result of the foregoing, the Ziggies Place Limited is seeking to be joined in this suit, as joining it in this suit will enable the company make claim to the said portion of the parcel of the land belonging to the company.
The company urged the Court in the interest of justice to grant it’s application joining it in the suit as a third defendant.
AMCON In its bid to recover the debt of N350. 556, million, had dragged Amak Nigeria Limited, and it’s Managing Director, Mike Onuoha before the court, and in the process erroneously obtained the interim order of the court taking possession of the landed property belonging to Ziggies Place Limited, who is not owing AMCON any amount of money,neither was it a party in the suit
The presiding judge, Professor Chuka Austin Obiozor, has adjourned till January 12, 2017, for further hearing of the suit.
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