A joint venture agreement for the construction of 18 apartments has triggered a major property dispute in Lagos, with the landowner alleging that developer Levitikal expanded the project to more than 44 units, attempted to mortgage the entire property and sold apartments to third parties beyond its agreed entitlement.
The dispute, involving Levitikal and Mr. Samuel Ajose, centres on a Joint Venture Agreement (JVA) executed in May 2021 for the development of 18 three-bedroom apartments, to be shared equally between the landowner and the developer.
Under the agreement, the landowner was entitled to nine apartments, while Levitikal was to retain the remaining nine upon successful completion of the project. According to the landowner, the agreement did not transfer ownership of the land to the developer.
However, she alleges that Levitikal subsequently partitioned the development into more than 44 one-, two- and three-bedroom apartments without her knowledge or consent, contrary to the terms of the agreement and the building approval granted by the Lagos State Government.
The dispute has culminated in an intervention by the Federal High Court, which, on September 29, 2026, restrained Levitikal from selling, transferring, mortgaging or otherwise dealing with the property.
The court also appointed an official receiver to take possession, custody and control of the property pending arbitration.
The landowner’s allegations extend beyond the number and configuration of the apartments to the attempted use of the entire property as security for a loan, the registration of a Power of Attorney, and the marketing and sale of units to members of the public.
She alleged that Ajose and Levitikal attempted to mortgage the entire property to Providus Bank without her knowledge, consent or approval, despite the developer’s entitlement being limited to nine apartments under the joint venture arrangement.
According to her, the proposed transaction exceeded the developer’s contractual rights and sought to encumber the entire property, including her interest in the land and the nine apartments allocated to her.
Another contentious issue concerns a Power of Attorney granted to facilitate the development.
The landowner alleged that Levitikal attempted to use the instrument to assert control over the property beyond the authority granted under the joint venture agreement.
She further alleged that Levitikal and Providus Bank instituted court proceedings seeking to compel the registration of the Power of Attorney without initially joining her as a party.
According to her account, the landowner subsequently intervened in the proceedings to protect her title and interests in the property.
She maintained that the Power of Attorney was granted solely for development purposes and did not confer ownership of the land on Levitikal.
The landowner reiterated that the original agreement expressly provided for 18 three-bedroom apartments, with each party entitled to nine units upon successful completion of the project.
She alleged, however, that Levitikal subsequently partitioned the development into more than 44 apartments comprising one-, two- and three-bedroom units, fundamentally altering the agreed project.
According to her, the changes were made without her knowledge or consent and were contrary to the development approved by the Lagos State Government.
The landowner also alleged that she and her representatives repeatedly sought access to the property and requested copies of the approved building plans to ascertain the nature and extent of the construction.
Between 2023 and 2026, she said, several attempts to inspect the development were frustrated, while formal requests for the approved plans were allegedly not honoured.
She maintained that the lack of access prevented her from adequately monitoring the project and determining whether the construction complied with the joint venture agreement and the relevant approvals.
The dispute has also raised concerns about apartments allegedly marketed and sold to members of the public.
The landowner alleged that Levitikal offered apartments for sale, including units outside the scope of the original joint venture arrangement.
She argued that the transactions raised questions about the developer’s authority to sell the units and the nature of the interests conveyed to purchasers.
The allegations also point to potential financial exposure for buyers who may have committed funds to apartments without being aware of the dispute over the underlying property.
Following what she described as fundamental breaches of the joint venture agreement, the landowner revoked the Power of Attorney and terminated the agreement.
She maintained that the alleged expansion of the development, the attempted mortgage of the entire property and the sale of apartments beyond the developer’s agreed entitlement amounted to breaches of the parties’ arrangement.
The termination further escalated the dispute, which has now resulted in the Federal High Court’s intervention.
The matter has also been referred to the Economic and Financial Crimes Commission (EFCC), which, according to the landowner’s account, is investigating Ajose and Levitikal over allegations of fraud relating to the development, financing and sale of apartments on the property.
The Federal High Court’s September 29, 2026, orders restraining further dealings with the property and appointing an official receiver have placed the development under court-supervised control pending arbitration.
The substantive dispute remains centred on the parties’ respective contractual rights, the scope of the Power of Attorney, the extent of the development, the proposed mortgage and the interests of any third-party purchasers.
