*Declares N35,000 Estate Charge Imposed on Claimants as Null and Void
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A Lagos High Court, sitting in Epe, 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 was 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 judgment obtained by newsmen in Lagos, the judgment was delivered on December 1, 2021.
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 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 agents was unlawful.
He held that the purported estate charge of N35,000 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 N100 million as damages and that the defendants should bear the cost of the action.
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