Court declares restricting movement of Pearl Garden Estate homeowners by property developer as unlawful

By Solomon Asowata

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 of the homeowners against CMB(property and the estate management agents) and  the Oyetubo Jokotade Estate Resource Limited (previous landowners).

According to a Certified True Copy of  the judgement obtained by newsmen in Lagos on Wednesday, the judgment was delivered by the judge on Dec. 1, 2021.

The N100 million suit was filed by the claimants 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 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 claimants rights by 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 N35,000.00 bonus been 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.