Non-service of court process stalls hearing in N152m property dispute 

Non-service of court papers has stalled proceedings in a N152 million property dispute involving two luxury apartments in Victoria Island, between a businessman Olukayode Olusanya, and a Nigerian United States-based engineer, Anthony Ugbebor.

The case could not proceed before a Lagos High Court sitting in Ikoyi on Tuesday after the Economic and Financial Crimes Commission, EFCC, failed to serve its final written address on the parties as ordered by the court.

The case had to be adjourned to April 22, 2026, for continuation of hearing.

The suit, filed by property developer, Olukayode Olusanya and his firm, Oak Homes Limited, against Ugbebor, centres on alleged trespass on two second-floor apartments located at No. 14A Musa Yar’Adua Street, Victoria Island.

At the resumed hearing before Justice Akingbola George, counsel to the claimant, Benson Nwosu, informed the court that the matter was slated for the adoption of final written addresses.

He, however, noted that while the claimant had received the first defendant’s processes and filed a reply, the EFCC had yet to serve its address on the parties.

Nwosu further told the court that efforts to serve the EFCC at its Awolowo Road, Ikoyi office, were unsuccessful as officials at the gate allegedly declined to accept the documents.

In response, EFCC counsel, E.S. Okongbu, confirmed that the Commission filed its final written address dated March 4, 2026, but apologised for failing to effect service in line with the court’s directive.

Consequently, Justice George directed the EFCC to immediately serve its processes on all parties and adjourned the matter to April 22, 2026, for the adoption of final written addresses.

It will be recalled that at a previous sitting, an EFCC witness, Emmanuel Adide, had told the court that the Commission was never instructed by Ugbebor to recover funds from the claimant, stressing that the organization “is not a debt recovery agency”.

Adide explained that the petition before the EFCC alleged criminal breach of trust and obtaining by false pretence, prompting an investigation.

However, he said the Commission later found the dispute to be civil in nature and advised the claimant to retrieve previously submitted bank drafts.
He further testified that although discussions were held regarding a refund, there was no agreement to sell the disputed apartments to facilitate repayment, noting that compelling such a sale would be improper.

The witness also confirmed that Olusanya was initially detained when he visited the EFCC office in Abuja but was later granted bail, adding that the refund arrangement was not reached while he was in custody.

According to him, the claimant paid a total of N102 million in instalments through bank drafts, although he could not recall the exact number of tranches.
Under cross-examination, Adide maintained that there was no written request from Ugbebor asking the EFCC to recover the funds, reinforcing the Commission’s position that its role was limited to investigating allegations of fraud.

The matter is now set for final addresses.

Non-service of court process stalls hearing in N152m property dispute