AL-Wajud Nigeria Limited,(claimant) a Lagos based business outfit has instituted an action at the Lagos High Court, Igbosere against Lekki Concession Company Limited (defendant), claiming the sum of N15 million as special damages for the destruction of its properties by the defendant.
The claimant who is into purchasing, selling, marketing, managing and dealing in land/properties is further claiming general damages as  can be assessed  by the court  for alleged negligence and destruction of its properties which include personal properties, stationary, vehicles, company equipment and valuable documents. It also urged the court to award cost in its favour against the defendant.
In its statement of claim on suit No LD/1036/09, the claimant stated that officials of Ministries of Environment, Physical Planning and Urban Development surveyed and took the measurement of road project expansion along Lekki Expressway, pegged and marked a point at which the road expansion would cover. The claimant stated that the area marked for road expansion is about 100 metres away from the claimant premises.
It was submitted that in March 2009, the defendant’s officials, agents, servants and workmen suddenly came in the morning and without prior formal or informal, oral or written notice, demolished the claimant’s building and destroyed all expensive and valuable company equipment and documents.
It was alleged that the defendant deliberately and callously pulled down the giant building on all the stationary vehicles such as cars, pick-up van and lorry which were well parked in front of the company.
The claimant pointed out hat it uses these vehicles which were destroyed by the defendant for its daily business and activities.
It was posited that despite the passionate appeals to the defendant’s agents and workmen to allow the staff of the claimant move out all or some of the company’s valuables and their own personal documents, the defendants refused to listen but went ahead with demolition and destruction of the claimant’s building and equipment.
Stating the particulars of negligence by the claimant, it was contended that the defendant and its servants ought to give oral or written, formal or informal notice before the demolition exercise but it failed to do so.
Besides, it was said that the defendant, its servants or agents ought to foresee the injury, loss and damages to the claimants’ other personal properties such as vehicles and forestall it.
Furthermore, the defendant ought to take necessary precautions to protect other claimants’ movable and immovable properties within and outside the premises of their operation but the defendant failed to do so.
It was stated that Lekki Concession Company Limited failed to give any adequate or timely notice to the claimant before embarking on the demolition exercise which affected the claimants.
The business outfit maintained that it has been unable to carry out its business as a result of the destruction of all its company equipment, documents and vehicles caused by alleged carelessness and negligence of the defendants
Stating its particulars of special damages, the claimant listed the items which were destroyed or lost as a result of the demolition exercise by the defendant. According to the claimant, the items are Guinness share certificate, Union bank share certificate, certificate of occupancy which comprises four (4) plots of land at Kazeem Abogun Street, Igbo-Efon, Lagos, Others are governor’s consent in respect of a landed property comprising 28 plots of land, five (5) office computers, three (3) copiers machine, a pick-up van and an international passport with visa on it.
However in its statement of defence dated October 2, 2009, Lekki Concession Limited denied most of the claims of the claimant and put the claimant to the strictest proof.
It stated that the governor of Lagos State under the land use Act revoked all the rights of occupancy in respect of all the land lying and situate along Ozumba Mbadiwe Street, Victoria Island and Lekki-Epe Express road, including the land which is the subject matter.
It was said that the revocation of the said land was for the expansion of Lekki-Epe Express road. Furthermore, it was submitted that the claimant erected its structure on the said  parcel of land acquired by the governor of Lagos State under the land use Act, stressing that the claimant’s structure was an illegal structure as it did not obtain the requisite building permit before erecting the said structure.
The defendant contends that the claimant has no basis for payment of any compensation whatsoever, stating that the claimant is not entitled to any claim and urged the court to dismiss the entire suit as it is a gold-digging venture. The matter has been adjourned to January11, 2010 for hearing.