‘Restricting Movement of Pearl Garden Estate Homeowners by Developer Unlawful’, Court Steve Aya

A Lagos State High Court sitting in Ikeja, has declared the restriction of movement of homeowners within the Pearl Garden Estate situated at Sangotedo Village in Eti-Osa Local Government Area of the State by CMB Building Maintenance and Investment Company Limited, as unlawful.

Justice Mufutau Olokoba made the declaration while delivering judgement in a suit filed by some of the homeowners against CMB (property and the estate management agents) and the Oyetubo Jokotade Estate Resource Limited (previous landowners).

The judgement was delivered on December 1, 2021, while the Certified True Copy of the judgement was obtained by newsmen in Lagos on Wednesday.

The N100 million suit was filed by the Claimants on February 9, 2015, following their dispute with the property developer. It was filed by Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan in a representative capacity on behalf of themselves and all interested homeowners within the Pearl Garden Estate.

In the judgement, the trial Judge declared that the interference and  infringement on the Claimants’ rights by the barricade and restriction of movement of Claimants and lawful residents in and out of the estate by the Defendants and their and their agents, was unlawful.

He held that the purported estate charge of N35,000 bonus been imposed by the second Defendant on the Claimants was declared null and void.

The trial Judge, however, declined to grant the prayers of the Claimants to order the Defendants to pay them the sum of N100 million as damages, and that the Defendants should bear the cost of the action.