Nigerian Breweries vs Okolo: Hearing is March 18
- By Onyewuchi Ojinnaka
- Published March 7th, 2011
- News
- Unrated
THE case between Nigerian Breweries Plc and the Balogun Okolo Chieftaincy Family of Lagos State, where the latter is asking for payment of over N155 million and also forfeiture of two leased parcels of land at Abebe Village Road, Iganmu, Lagos will be heard by a Lagos High Court on March 18, 2011.
The accredited representatives of Balogun Okolo Chieftaincy Family headed by Chief Ganiyu Ariori (claimants) have in their claims said that Nigerian Breweries Plc is their tenant on two parcels of land known as Plots L9 and L21 (the subject matter) at Abebe Village Road, Iganmu, Lagos, adding that NB holds two separate lease agreements which were granted to it by the claimants’ predecessors-in-title.
They pointed out that under the aforesaid agreements, NB is obliged to pay rent to their family as stipulated in the agreements but in violation of the terms and conditions stated in the lease agreements entered into with Okolo Chieftaincy Family, NB failed, refused and or neglected to pay its rent from 2005 till date despite repeated demands.
The claimants stressed that contrary to and following unauthorized encroachment upon parts of their land at Abebe Village Road by Ojora Chieftaincy Family, the defendant has in addition to refusal to pay rent to them, begun to discuss and negotiate with Ojora Family the terms for its continued stay upon their land. It is the position of the claimants that rent due and payable to them by the defendant is in the sum of N152,211,905.13 for the two parcels of land occupied by it.
The Balogun Okolo Family contends that by NB’s refusal to expressly acknowledge their (claimants) title to the subject property, its demand for proof of claimants ownership of the leased property, its refusal to pay rents and opting to negotiate terms of its continued stay on the said property with Ojora Family who are trespassers, it has denied the claimants of their title and is therefore liable to forfeiture of the lease granted to it by the claimants.
But in its statement of defence, Nigerian Breweries Plc states that the Balogun Okolo Family is one of its numerous landlords in respect of the vast area of land occupied by it at Abebe Village Road, Iganmu, admitting that by lease agreements dated August 31, 1953 and February 19, 1970, the Balogun Okolo Family granted the lease of Plots L9 and L21 to it for a period of 99 years each.
On alleged non-payment of rent, the brewers submitted that it pays rent as at when due to the representatives or nominees of the claimant and has even paid up to year 2010/2011. Stating the fact on alleged discussion with Ojora Chieftaincy Family, NB said that sometime in April 2009, it was served with a copy of Supreme Court judgement No SC/54/2005, positing that by the said judgement, Ojora Family purports to claim the entire Iganmu area including the premises occupied by it at Iganmu, claiming that the entire land occupied by it falls within the area affected by the judgement.
The brewing company maintained that the claimants and some other landlords were lukewarm in the quest to fight off the Ojora claim and being desirous of not risking its multi billion naira business, it engaged the services of consultants to help determine the extent of Ojora Family’s land and whether or not the area occupied by it was affected by the judgement.
It stated that in effort to determine the real owners of the said plots of land, the consultants demanded title documents of various landlords of the defendant with a view to preparing a composite plan, adding that the demand necessitated the request for the Balogun Okolo’s land title. The brewers denies ever engaging in negotiations with the Ojora Family or their lawyers as regards its continued stay on the land. Instead, it successfully fought off the Ojora Family’s claim and single-handedly upheld and affirmed the titles of its various landlords, including the claimants’ family.
The accredited representatives of Balogun Okolo Chieftaincy Family headed by Chief Ganiyu Ariori (claimants) have in their claims said that Nigerian Breweries Plc is their tenant on two parcels of land known as Plots L9 and L21 (the subject matter) at Abebe Village Road, Iganmu, Lagos, adding that NB holds two separate lease agreements which were granted to it by the claimants’ predecessors-in-title.
They pointed out that under the aforesaid agreements, NB is obliged to pay rent to their family as stipulated in the agreements but in violation of the terms and conditions stated in the lease agreements entered into with Okolo Chieftaincy Family, NB failed, refused and or neglected to pay its rent from 2005 till date despite repeated demands.
The claimants stressed that contrary to and following unauthorized encroachment upon parts of their land at Abebe Village Road by Ojora Chieftaincy Family, the defendant has in addition to refusal to pay rent to them, begun to discuss and negotiate with Ojora Family the terms for its continued stay upon their land. It is the position of the claimants that rent due and payable to them by the defendant is in the sum of N152,211,905.13 for the two parcels of land occupied by it.
The Balogun Okolo Family contends that by NB’s refusal to expressly acknowledge their (claimants) title to the subject property, its demand for proof of claimants ownership of the leased property, its refusal to pay rents and opting to negotiate terms of its continued stay on the said property with Ojora Family who are trespassers, it has denied the claimants of their title and is therefore liable to forfeiture of the lease granted to it by the claimants.
But in its statement of defence, Nigerian Breweries Plc states that the Balogun Okolo Family is one of its numerous landlords in respect of the vast area of land occupied by it at Abebe Village Road, Iganmu, admitting that by lease agreements dated August 31, 1953 and February 19, 1970, the Balogun Okolo Family granted the lease of Plots L9 and L21 to it for a period of 99 years each.
On alleged non-payment of rent, the brewers submitted that it pays rent as at when due to the representatives or nominees of the claimant and has even paid up to year 2010/2011. Stating the fact on alleged discussion with Ojora Chieftaincy Family, NB said that sometime in April 2009, it was served with a copy of Supreme Court judgement No SC/54/2005, positing that by the said judgement, Ojora Family purports to claim the entire Iganmu area including the premises occupied by it at Iganmu, claiming that the entire land occupied by it falls within the area affected by the judgement.
The brewing company maintained that the claimants and some other landlords were lukewarm in the quest to fight off the Ojora claim and being desirous of not risking its multi billion naira business, it engaged the services of consultants to help determine the extent of Ojora Family’s land and whether or not the area occupied by it was affected by the judgement.
It stated that in effort to determine the real owners of the said plots of land, the consultants demanded title documents of various landlords of the defendant with a view to preparing a composite plan, adding that the demand necessitated the request for the Balogun Okolo’s land title. The brewers denies ever engaging in negotiations with the Ojora Family or their lawyers as regards its continued stay on the land. Instead, it successfully fought off the Ojora Family’s claim and single-handedly upheld and affirmed the titles of its various landlords, including the claimants’ family.
