Landlord cautions buyers over disputed Banana Island property

LAGOS — A landlord in Banana Island, Lagos State, Dr. Ifeanyi Odii, has raised an alarm over what he describes as a clandestine plot to sell a disputed property located at Plot B-7, 327 Close, Zone B, Banana Island, Ikoyi, despite an ongoing court case.

The property in question is the subject of a legal battle pending before the High Court of Lagos State in Suit No. LD/12277GCMW/2024.

Dr. Odii, through his legal team at Samuel N. Agweh (SAN) & Associates, had sued the Lagos State Ministry of Physical Planning and others, challenging the approval and construction of a six-storey building on the land by Fandago Properties Ltd.

Odii in his court filings, alleged violation of the Ikoyi-Victoria Island Model City Plan (Banana Island) 2013–2033 and the original building approval granted by the state government.

According to court documents, the structure far exceeds the allowable building height, setbacks, and density for the area.

Despite a stop-work order reportedly issued by the authorities on September 2, 2024, Odii in the court papers claimed that construction allegedly continued in defiance of government directives.
He maintain that the building poses a threat to the environment and violates the rights and privacy of adjoining homeowners.

According to him, “The structure is illegal. It violates everything the Banana Island urban master plan stands for — from airspace obstruction to loss of privacy for neighbouring homes, and clear deviation from approved residential density.”
With the case still before the court, the landlord is now raising the alarm over alleged attempts by the developers to discreetly sell the property.

In a statement signed by his lawyer, Mr Joseph Igwe, Principal Partner, M.O Ubani, SAN & Co, Odii warned unsuspecting buyers and real estate agents to be cautious, stressing that the matter is sub judice and any transaction at this stage could result in future legal complications.

The statement reads: “It has come to our notice that there are ongoing clandestine efforts to sell off the disputed property to unsuspecting Nigerians, some of whom may or may not be aware of the pending suit and the serious violations involved.

“‎We state that any transaction involving the purchase of the said property while litigation is pending is fraudulent, reckless, and legally dangerous.

“‎The principle of lis pendens establishes that any purchaser who buys a property under litigation steps into the shoes of the seller and cannot escape the consequences of the ongoing court proceedings.

‎”We categorically state that we are not amenable to any settlement that disregards compliance with the approved building plan. Any purported buyer should be aware that they may face litigation consequences, and no form of indemnity or ignorance will shield them from the legal implications.”

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