Wednesday, February 19, 2014

Landlady, tenant at war · Man resists quit notice, claiming court’s order · Landlady confiscates his property on court’s order





By SUNDAY ANI (nichsunny@yahoo.com)
Until November 8, 2013, 38-year-old Ezeobi Okeke lived happily as a tenant with his family at Close 39, House 2, Satellite town, Lagos.  A native of Osumenyi in Nnewi Local Government Area of Anambra State, Ezeobi, who is a freight forwarder, now squats with friends after he was thrown out of his apartment by his landlady. He informed our reporter that his landlady broke into his apartment in his absence, packed his property into a waiting truck and zoomed off to an open field in Festac town where she dumped them. But, before the ejection, he alleged that his landlady had visited the apartment on November 5 and changed all the padlocks, while he was away. The woman, according to him, said she had orders from the court to eject him. She was also said to have broken into his apartment in the presence of people who claimed to be court sheriffs.
Ezeobi, who claimed to have occupied the two-bedroom bungalow since 2003 as a tenant said what led to his predicament started in 2011, when he wanted to renew his rent and his landlady suddenly refused to collect it from him. He alleged that his efforts to know where he went wrong proved abortive as his landlady sued him to court. But, after the legal tussle that followed, the court, according to him, ruled that he should pay his landlady the arrears and continue occupying the apartment as a tenant.
With the court judgment in favour of Ezeobi, he thought the storm was over, but he was wrong. Her landlady only waited for the most auspicious time to strike. And that opportunity came on November 8, 2013, two years after the court judgement. Ezeobi was taken unawares, as he claimed to have travelled to the east with his family when the woman struck.
Now, the young man is crying blue murder, calling on the human rights community as well as the federal government of Nigeria and all well meaning Nigerians to rescue him from the fangs of the woman who allegedly defied court orders to eject him in his absence and confiscate his entire property.
The genesis
Ezeobi maintained that he never had any problem with his landlady and traced the genesis of his odyssey to 2011, when the woman suddenly asked him to pack out of the house without any reason. He said: “Normally, whenever my rent expired, I would call my landlady for renewal because she stays in Abuja. It is either she came to collect it by herself or she asked me to give it to her uncle, one Mr Paul Ufondu. I have never paid through her bank account and that has been the process until that 2011 when my rent expired and I called her for the renewal. She said I should pack out of the house. But, I didn’t have any problem with her. So, I asked her to give me some time to find another accommodation but she refused and took me to court. When we got to the court, we presented our evidence before the court and the court ruled that I should pay the arrears and continue to occupy the apartment.”
Ejection in absentia
But, if Ezeobi thought he had won the battle, then he made a big mistake because two years after the court judgement, he was thrown out of the house and his property confiscated.
“That has been the situation until November 5, 2013 when she invaded the apartment in my absence. She broke the entrance gate and changed all the padlocks to my apartment and left. I informed my lawyer who then called her to a meeting. But on November 8, she went back again, broke into the apartment, packed all my property and went away with everything. She told the people around that the order was from the court,” he said.
Although, Ezeobi was not around, when he was informed by neighbours that her landlady had broken into his house, he called his lawyer to go to and witness what was happening.
He said: “I called my lawyer to go and find out what was happening. She sent one of her staff but when the young lawyer went there, the people that claimed to be court sheriffs refused to identify themselves. They were very aggressive and ready to fight the lawyer. There was no policeman in their midst but thugs who were paid to carry out the dirty job. What the lawyer did was to take pictures of what was happening.”
Whereabouts of property discovered
“When I came back and saw the vehicle number on one of the pictures, I traced it to the owner. When I found the owner, he told me where they dumped my property at 21rd in Festac. When I got there, it was an open field where the woman has a container, which she uses as a warehouse. So, she dropped all my property inside the warehouse in the open field at 21 Rd,” he said.
Ezeobi at Agboju police cell
Having discovered where his property was dumped, his lawyer advised him to report the matter to the police but when he got to the Agboju police station to report the incident, he was promptly arrested. He was told that the woman had earlier reported that he wanted to sell her house. He said the policemen at Agboju released him on bail when they informed the woman that the man she said wanted to sell her house was in the police custody and she refused to turn up.
“When I came back from home after the November 8 incident, my lawyer advised me to report what happened to the police. But when I went to Agboju Police Station to make a report, I was promptly arrested. They told me that my landlady had already written a petition against me that I wanted to sell her house. I told them that it was not true and challenged them to produce the evidence that I wanted to sell the house. The police informed her on phone that the man she accused of planning to sell her house was at the station and that she should come but she never came. I was detained from morning till around 11:45pm when I was released. I was not allowed to even write any statement; they only told me the registration number of the case file is 134,” he narrated.
Doubting the information that the landlady’s action was backed by court orders, his lawyer, Mrs Ogbe, went into investigation but alas, her findings, according to Ezeobi, showed that no court gave such orders. On learning that the order was actually not from any court, Ezeobi moved back into the apartment with few chairs and other domestic property that were given to him by one of his brothers. This bold move allegedly angered his landlady, who mobilised policemen from Area 2, Onikan and stormed the house, seizing Ezeobi and his property again.
Three days in Zone 2, Onikan cell
“But 10 days after, another set of policemen came from Zone 2, Onikan Lagos to arrest me. They seized me from the church and hurled me into the cell where I spent three days before I was charged to court. They treated me like a common criminal. When I asked them what I did, they said there was a petition against me. I told them that the same woman had a petition pending against me at Agboju police station but when she was called to come and defend her petition, she ran away. I insisted that they would have signalled Agboju police station to produce me at Zone 2 headquarters instead of bundling me like a common criminal,” he stated.
New evidence at Zone 2
Although, Ezeobi alleged that his landlady could not produce any evidence to buttress her allegation against him at Agboju police station, she produced some documents at zone 2 to prove her allegation. But, that paper evidence, according to Ezeobi, was forged.
Ezeobi collapsed in detention
Ezeobi alleged that while he was in detention at Onikan, he collapsed on the third day. He was said to have been rushed to a military hospital where he received medical treatment. “While in the military hospital, a police officer was detailed to guard me. The officer slept at the hospital with me and on the following day when I was discharged, I was charged straight to court. I was charged for forgery, stealing and conspiracy. The entire hospital bill was paid by my brother,” he said.
Ezeobi counts losses
“She took all the vital documents in my life – my international passport, my bank cheque books and that of my wife, my drivers’ license, my car particulars, my China Trade Fair identity card, my wife’s international passport and my national identity card, the certificate of occupancy of my landed property, my academic certificates and so many other vital documents. I was supposed to travel to China by the end of December 2013, to reconcile account with my business partner but I couldn’t go because she has my international passport. Right now, my car documents have expired but I can’t renew them because she took away everything. The documents of the house I am building in Satellite are all with her because I kept everything in a box. In fact, I can roughly estimate what she took away from the house to be in the neighbourhood of N10million,” he submitted.
Ezeobi’s lawyer reacts
Speaking on the matter, Ezeobi’s lawyer, Mrs Ogbe, confirmed that the eviction order was forged. She said: “We have discovered that the eviction order was not from the sheriff’s office. She broke into my client’s house and carted away his property. She keeps posing that she is a People’s Democratic Party (PDP) stalwart but I don’t think anybody is above the law. That’s where I come in. If it was sheriff that did it, we won’t have any problem with that.”
She insisted that they got judgment in 2011 instructing her client to pay arrears and maintain his tenant-ship but regretted that the woman refused to collect her client’s money, saying it was cursed money.  “Judgement was delivered on November 1, 2011 instructing my client to pay arrears. I called the woman when my client was ready to pay the money but she said the money was cursed and she was not going to touch it. She said her prophet told her any money from my client was cursed. She said he should just pack out of the house, but I reminded her that court didn’t give her possession; so she shouldn’t ask my client to pack out. I told her that if she wanted him to pack, she should start the court process all over again starting from issuing him a quit notice. She said okay and that was how it was until this recent incident,” she stated.
Landlady responds
When the landlady, Mrs Uju Ozoka was contacted, she denied ever refusing to collect rent arrears from Ezeobi on the ground that it was cursed money and described Ezeobiu as a liar. She said: “If it is true I rejected his money, the proper thing would have been to go to that court that gave him judgment to pay there and have a receipt. Why didn’t he go back to the court to deposit the money if the court asked him to pay arrears and stay on? You see, the man is a criminal and a liar. He has never paid his rent to me directly; he has always paid through my uncle. So, why would he be calling me to pay? He is a liar.”
She said she asked him to leave her house in 2011 when he could no longer pay his rent for two years. “As at the time I told him to pack out of my house in 2011, he owed two years rent,” she said. She also said her decision to eject him from her house was not just because he owed for two years. She alleged that Ezeobi’s wife involved herself in some fraudulent financial dealings of about N11million with some women. She said people living in the neighbourhood called to inform her that Ezeobi was parading himself as the owner of the apartment and that he could use it to offset her wife’s debt. She also alleged that the compound was in a total mess and looked deserted. All those factors combined, made her to ask him to pack out. “He mismanaged the property. The place looked dirty like a deserted place. It is not even the property but my integrity that is at stake. He knows that it is not the property that I am talking about but my house that is attached to my name. The title document of the property bears my name,” she said.
But, commenting on the ejection and confiscation of property, she admitted that Ezeobi’s property were under her custody and he would only reclaim them after he had paid his arrears of six years rent, which currently stands at N2.1million. “The court took a comprehensive list of his property on the day of eviction. The property is mine because he owes me. The property is not up to half of the money he owes me. He can’t even lay claim to the luggage. I want to give it to him so that he can pay me my N2.1million. He is a fool; advise him to pay me. He can even pay through you, the reporter, if he says he has the money,” she stated.
On the allegation that she mobilised policemen from Zone 2, Onikan to arrest Ezeobi after he moved back to the apartment, she asked: “Whose house did he go back to; my house or his father’s house? He went back to the same property that I have rented out. How can you go back to a place where you have been ejected and another person has paid for? You see what I am saying that he is a criminal and a nuisance. He is a fool; so let it be in the public domain so that all the people he had duped in his life will know that the house is not his own and that he was just a tenant. What is he trying to prove; that he owns the house? I don’t know if he buried his father’s head inside my house. He went back there to prove to people that the house is his own. Do you know that till tomorrow, he still goes to that environment?”

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