Section 66 Mortgage and Property Law of Lagos State

Section 66 of the Mortgage and Property Law of Lagos State 2010 is about Penalties for violations, joint and several liability, treble damages, actions for injunction by Attorney-General of the State, costs and attorney fees. It provides as follows:

(1) Any person or persons who violates any of the provisions of section 53 -62 of this Law commits an offence and shall on conviction be liable to a fine not exceeding five Hundred thousand Naira (N500,000.00) or term of imprisonment for not more than one (1) year, or both or to any non–custodial sentence provided by Law.

(2) Any person or persons who violate any of the prohibition or limitations of the provisions of section 53 -62 of this Law commits an offence and shall be jointly and severally liable to the person or persons charged for the settlement service involved in the violation in an amount equal to three (3) times the amount of any charge paid for such settlement service.

(3) No person or persons shall be liable for a violation of the provisions of this part if such person or persons proves by a preponderance of the evidence, that such violation was not intermittal and resulted from a bona fide error notwithstanding maintenance of the procedure that are reasonably adopted to avoid such error.

(4) The Attorney- General of the State may bring an action to enforce the provisions of the law.

(5) In any private action brought to enforce the provisions of this Law, the court may award to the prevailing party the court costs of the action together with reasonable legal fees.

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