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Court declares restriction of movement of Estate dwellers unlawful
A Lagos State High Court, Ikeja, has declared as unlawful, 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.
The 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 their dispute with the property developer.
It was filed by Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan in representative capacity on behalf of themselves and all interested homeowners within the Pearl Garden Estate.
In the judgment, the judge declared that the interference on the claimants’ 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. 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 prayers of the claimants to order the defendants to pay them the sum of N100 million as damages, saying that the defendants should bear the cost of the action.
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