Justice Doris Okuwobi of a Lagos High Court sitting in Ikeja has granted the request of Dr. Tunji Braithwaite for the President of the Nigerian Institute of Town Planners to measure the 15-storey Standard Chartered Bank Nigeria Limited building situated at no. 142 Ahmadu Bello Way, Victoria Island, Lagos.
Braithwaite is pursuing a N10 billion claim against the bank for constructing a 15-storey building and a multilevel car park opposite his residence with an allegedly ‘illegal’ permit.
The presiding judge made the order and two others after listening to the claimant’s counsel led by Braithwaite himself, who informed the court of an application dated October 6, 2015. He added that the case has been on since 2010 and urged the court to grant all the orders therein.
The orders include one “directing the president of the Nigerian Institute of Town Planners to enter the defendant’s commercial building of 14 floors comprising a five-level car park at no. 142 Ahmadu Bello Way, Victoria Island, Lagos, to undertake physical measurement of the setback and airspace of the said defendant’s building.
“An order of court directing the President of Nigerian Institute of Town Planners, to prepare a comprehensive report of his findings and measurements, which shall be produced to the court as part of the evidence on record of this trial.”
And also an order that “the cost and fees to the President of Nigerian Institute of Town Planners for the execution and implementation of the orders herein be cost in the cause.”
Defendant’s counsel, Mr Adeniyi Adegbonmire (SAN) did not oppose the application but noted that his client could not be expected to foot the bill for the Town Planners’ work.
He prayed the court to make an order that both parties be at liberty to call whoever makes the measurement to be available for cross examination.
Adegbonmire added: “Once we agree on the date of the measurement, my client is ready to grant the person entry to the premises.”
However, Dr. Braithwaite agreed to bear the cost. He added: “The main thing is for the measurement to be taken.”
Justice Okuwobi granted all three orders and adjourned further hearing till November 24, 2015.