Restricting Movement of Pearl Garden Estate Homeowners By Developer Unlawful- Court
A Lagos State High Court sitting in Ikeja has declared that 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 judgment in a suit filed
by some homeowners against CMB(property and the estate management
agents) and the Oyetubo Jokotade Estate
Resource Limited (previous landowners).
The judgment
was delivered by the judge on Dec. 1, 2021. While Certified True Copy of the
judgment was obtained by newsmen in Lagos on Wednesday.
THE CLAIMANTS FILED the N100 million suit on Feb. 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
judgment, the judge declared that the interference and Infringement on the
claimant's rights by barricade and restriction of movement of claimants and
lawful residents in and out of the estate by the defendants and their
agents was unlawful.
He held that
the purported estate charge of N35,000.00 bonus imposed by the second
defendant on the claimants was declared null and void.
The 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.

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