Justice

Akin Kuponiyi

A limited liability Company Sandplex International Limited, has slammed an N15 billion suit on Julius Berger Nigeria Plc. That was over alleged continued occupation of mining site with Quarry lease number 32593QLS when Julius Berger’s mining lease 6504QLS has expired.

In an amended statement of claim filed before a Federal high court in Lagos south-west Nigeria, by a Lagos lawyer, M. Abubakar, on behalf of the plaintiff, it was alleged that sometimes in the year 2020, Sandplex Company applied for lease from the Federal Government through the Mining Cadastre Office and same was approved.

In compliance with the terms of the above grant, it made the payment of N300,000 being the annual service for the year 2020/2021 and receipt was issued by the Mining Cadastre Office.

The  Sandplex company further alleged that Julius Berger’s Quarry Lease number 6504QLS which is in respect of the same Mining area that the plaintiff’s present Quarry Lease number 32593QLS covered had expired, as at the time the plaintiff was issued with Quarry Lease number 32593QLS.

It was alleged further that Julius Berger never renewed its Quarry Lease number 6504QLS that covered the subject mining area, thus the same and the entire area  covered by the defendant’s expired Quarry Lease number 6504QLS was reissued to the plaintiff as Quarry Lease number 32593QLS

The plaintiff said that upon being issued with the Quarry Lease number 32593QLS, it mobilized its materials and men to the mineral area to take physical possession and occupation of the area and commence site development operations, like sand and limestone dredging activities but met the defendant still on the site, carrying out exploitation and dredging of sand and other minerals from the area covered by the Plaintiff’s Quarry Lease.

Julius Berger refused the Plaintiff from accessing and taking over the area covered by its Quarry Lease

As a result of the attitude of the defendant in denying the Plaintiff access to the Plaintiff Quarry Lease, the plaintiff approached the Federal Ministry of Mines and Steel Development and complain about the defendant’s refusal to vacate the site covered by the plaintiff Quarry Lease.

Upon making the complaint, the Federal Ministry of Mines and Steel Development wrote a letter titled “STATUS OF YOUR QUARRY LEASE NUMBER 6504QLS LOCATED AT LAGOS ISLAND LOCAL GOVERNMENT AREA LAGOS STATE “informing the defendant that its mineral titled expired since September 2015 and that the entire area covered by the defendant expired title has been reallocated to the Plaintiff by Mining Cadastre Office Abuja

Despite receiving the above letter from the Federal Ministry of Mines and Steel Development asking it to vacate the Mining site belonging to the plaintiff the defendant has continued carrying out dredging activities and making millions of Naira on daily basis.

Consequently, the Sandplex International company, why urging the court to direct Julius Berger to pay it the sum of N15Billion as exemplary damages for Mining at the mineral area granted it covering 6 cadastral units,1.2 Area Kilometer at Eti-Osa Lagos Island Local Government Area of Lagos State is also urging the Court to declare that it is the company that is the valid holder of the quarry lease and that the defendant has no right to carry out any form of business activities including dredging of the sand in all area covered by it’s Quarry lease.

Sandplex company is also demanding for the cost of this legal action be fixed at N20 million.

The matter has been adjourned till the 24th of March,2022.