Court Restrains Parties over Disputed 4-Hectare Lekki Land

Wale Igbintade

Justice E.O. Ashade of the Lagos High Court has ordered all parties involved in a legal dispute over a four-hectare parcel of sand-filled land at Hampton Estate (also known as Lekki Island), Osapa, Eti-Osa Local Government Area of Lagos State, to refrain from selling or taking any action that could undermine the court’s authority, pending the hearing of the substantive suit.

The court also directed that the suit be returned to the Chief Judge of Lagos State for reassignment and hearing.

Besides, Justice Ashade declared that the interim injunction granted on March 25, 2025, has been rendered ineffective.

The court held that the order was no longer valid because the parties have since complied with the Pre-action Protocol of the High Court of Lagos State, which formed the basis for the injunction.

The suit, filed by Capital Gardens Limited, concerns a four-hectare parcel of unreclaimed, submerged land within the approximately 40-hectare Hampton Island Estate in Lekki, Lagos.

The disputed area is marked in Survey Plan No. FAI/3454/A01/2024/LA, dated February 8, 2024, and signed by Registered Surveyor A.I. Fashina.

The claimant, Capital Gardens Limited, a real estate development firm, filed suit LD/9195GCM/2025 against Oretol Nigeria Limited and its Chief Executive Officer, Mr. Adewale, seeking various reliefs, including an order restraining the defendants from trespassing, marketing, or selling the disputed land.

At the resumed hearing, counsel to the defendants, Dr. MuizBanire (SAN), withdrew an application challenging an earlier ex parte order made on March 25, 2025, arguing that the order had expired and was no longer enforceable.

However, counsel to the claimant, Mr. Bode Olanipekun (SAN) urged the court to proceed with the substantive suit, arguing that the ex parte order remained valid until complied with.

Banire opposed this and insisted on reassignment of the matter.

In a bench ruling, Justice Ashade held that the ex parte order had expired. Nevertheless, the court ordered all parties to refrain from taking steps that could interfere with the subject matter of the suit pending the hearing.

In its originating summons, Capital Gardens is seeking, among other reliefs:A declaration that the defendants are obligated to deliver quiet possession of the 4-hectare sand-filled land at Hampton Estate, Osapa, Lagos, as delineated in Survey Plan No: FAI/3454/A01/2024/LA dated February 8, 2024.

It is also seeking an order restraining the defendants, their agents, or representatives from trespassing on or selling the property to any third party and an order for specific performance compelling the defendants to deliver possession of the land and execute all necessary documents for registration and perfection of the claimant’s interest.

Besides, it is seeking N50 million in general damages for breach of contract, emotional distress, loss of business opportunities, and inconvenience.

However, the defendants stated that the disagreement stems from a 2020 transaction in which Oretol Nigeria Limited, the developer of the estate, agreed to allocate four hectares to Capital Gardens Limited upon full reclamation of the land.

Delays caused by the COVID-19 pandemic and subsequent economic disruptions led to inflation and increased costs, rendering the project impracticable.  Oretol eventually terminated the agreement, prompting Capital Gardens Limited to file the current lawsuit challenging the termination.