The Lagos State High Court has restrained further demolition, excavation and construction activities on a disputed property at 168 Broad Street, Lagos Island, following a 48-hour quit notice earlier issued by the Lagos Island Local Government and subsequent allegations that the premises were partly demolished and taken over.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
Justice Yetunde Adesanya granted the pre-emptive order on an application by Dr. Abimbola Adebowale, who claims ownership of the property and alleged that Taiwo Ige Yusuf and other defendants had taken possession of the premises and commenced preparations to develop the land.
The dispute followed an enforcement notice issued by the Lagos Island Local Government directing occupiers of the property to vacate and remove containers and other structures described by the council as illegal.
The notice, dated August 6, 2026 and signed by Ojora A.O. for the Council Engineer, gave the occupiers 48 hours to comply, warning that failure to do so could attract enforcement action under applicable laws and regulations.
According to the applicant, events following the notice escalated into a wider ownership and possession dispute.
She alleged that the defendants forcefully ejected tenants from the property, partly demolished the structure and subsequently barricaded the premises with aluminium zinc, allegedly in preparation for further demolition and construction.
The applicant contended that unless the court intervened immediately, the subject matter of the dispute could be substantially altered before the parties completed the pre-action protocol required under the Lagos State High Court rules.
In an 11-paragraph affidavit filed in support of the application, Babatunde Bello, a staff member of United Capital Trustee Limited, stated that the company had managed the property since 2016 without disturbance before the alleged recent encroachment.
Bello said Adebowale appointed United Capital Trustee Limited as trustee of her properties through a Deed of Trust dated August 8, 2026.
He further alleged that on August 19, 2026, the defendants forcefully ejected tenants from the premises without prior notice or the claimant’s consent and partly demolished the structure during the night.
According to him, the property was thereafter barricaded with aluminium zinc, allegedly with a view to completely demolishing the remaining structure and commencing construction on the land.
Through her counsel, Waheed Isiaka of KISAB Solicitors & Attorneys, Adebowale asked the court to preserve the property pending full compliance with the pre-action protocol.
She relied on Orders 1 and 2 of Practice Direction No. 2 of 2019, which permit the court to grant pre-emptive remedies where necessary to prevent irreparable damage or serious mischief before substantive proceedings are commenced.
In her ruling, Justice Adesanya held that the applicant had satisfied the conditions for the grant of a pre-emptive remedy.
The judge explained that an applicant seeking such protection must show that irreparable damage or serious mischief is likely to occur if the order is refused, attach a Memorandum of Claim, demonstrate an urgent need to preserve the subject matter and explain why the pre-action protocol has not yet been completed.
Justice Adesanya held that those requirements were met by the affidavits, Memorandum of Claim and exhibits placed before the court.
The court consequently restrained Yusuf, the unidentified defendants and their privies, agents and proxies from completely demolishing, dissipating, excavating or carrying out construction on the property pending full compliance with the required pre-action procedure.
The judge, however, stressed that the order was temporary and conditional and did not amount to a determination of the substantive ownership or possession dispute.
Adebowale was directed to complete the pre-action protocol within the timelines prescribed by the High Court of Lagos State (Civil Procedure) Rules 2019 and Practice Direction No. 2 of 2019.
Justice Adesanya warned that the protective order would lapse if the applicant failed to comply with the prescribed timelines.
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
