Court declares restriction of estate dwellers’ movement illegal
A Lagos High Court, Ikeja, has declared as illegal the restriction of movement of homeowners within Pearl Garden Estate situated at Sangotedo Village in Eti-Osa Local Council of the state.
The action was perpetrated by CMB Building Maintenance and Investment Company Limited. Trial judge, Mufutau Olokoba made the declaration, while delivering judgment, 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 N100 million suit was filed by the claimants on February 9, 2015, following a 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.
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In the judgment, the judge declared that the interference with the claimant’s rights by barricading and restricting their movement and that of other lawful residents in and out of the estate by the defendants and their agents was unlawful and an infringement on their rights, The Trumpet gathered.
He held that the purported estate charge of N35,000 imposed by the second defendant on the claimants was null and void. The judge, however, declined to grant the claimants’ request for an order against the de- fendants, granting them N100 million as damages, saying the defendants should only bear the cost of the action.