Justice Olukayode Ogunjobi of the Lagos State High Court sitting in Osborne has directed parties involved in the ongoing land dispute between Net Construct Nigeria Limited and Amytorix Company Nigeria Limited to resolve issues concerning Casafina Capital Limited outside the main suit.
The judge gave the directive while delivering a ruling in suit number LD/10193LMW/21, a case centred on ownership and control of a large parcel of land located in Eti-Osa Local Government Area of Lagos State.
Justice Ogunjobi held that Casafina Capital Limited failed to show why it should be joined as a necessary party in the matter, stating that the dispute currently before the court can be properly determined between the original parties already involved.
According to the court, Casafina remains free to take separate legal steps if it believes its rights have been affected, but its presence is not essential for resolving the main dispute before the court.
The judge noted that the company did not provide convincing evidence directly connecting its claimed interest to the exact property under litigation.
He pointed out that no sufficient documents such as survey plans, title records or other relevant materials were presented to firmly establish Casafina’s ownership claim over the disputed land.
Justice Ogunjobi further explained that the law does not allow parties to be added to an existing case simply because they have an indirect interest connected to the subject of litigation.
The court maintained that the disagreement between Net Construct and Amytorix can proceed without Casafina’s involvement, while any separate claims by the company can be addressed independently through proper legal channels.
Casafina had argued that it purchased part of the disputed land from Amytorix in 2020 and had already developed 22 housing units on the property, insisting that any court decision could affect its investment.
The company also claimed it only became aware of the ongoing court case several years after proceedings had started and later received notice challenging its interest in the land despite holding a valid Deed of Assignment.
However, Net Construct argued that no direct claim was made against Casafina in the current suit and that any transaction involving the company was based on a separate arrangement with Amytorix.
The ruling now clears the way for the main case to continue while parties connected to Casafina are expected to separately address any unresolved dispute concerning the property.