Justice Abisoye Bashua of a Lagos State High Court sitting in Epe has granted an interlocutory injunction restraining CMB Building Maintenance and Investment Company Limited, from harassing and restricting the movement of homeowners within the Pearl Garden Estate situated at Sangotedo Village in Eti-Osa Local Government Area of the state.
Justice Bashua granted the injunction last week while delivering a ruling in an application filed by some of the homeowners against CMB(property and the estate management agents) and the Oyetubo Jokotade Estate Resource Limited (previous landowners).
The court further restrained the defendants, their agents and privies from interfering with the rights of the homeowners in providing safe and drinkable water for themselves and their family members.
He said the order would subsist pending the hearing an determination of the substantive suit.
The court held that the claimants have provided sufficient proof of ownership of the property through the deed of purchase assignment in their affidavit deposed to in support of their application.
The court also observed that several homeowners had obtained their individual Governor’s Consent and the defendants in their submission did not deny the established legal rights of the homeowners which entitles them to the restraining orders sought.
Justice Bashua emphasised that this development prompted the court to exercise its discretion in favour of the claimants, Pearl Garden Estate Homeowners, in order to protect their established legal rights in the interest of justice.
The Judge, however declined the request of the claimants for the suspension of the demand and collection of N650,000 reticulation charges and the unilaterally imposed N35,000 security fees on the homeowners by CMB.
The Court noted that the validity of the N650,000 reticulation charges and the unilaterally imposed N35,000 fee by CMB were part of disputed issues which are to be determined in the substantive suit hence the court cannot make any pronouncement on them at the stage of the interlocutory proceedings.
The trial judge directed all parties to make appearance in court for case management unfailingly on the next adjourned date of December 10, 2015.
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 had instituted a N100 million suit against CMB Building Maintenance and Investment Company Limited and the previous owners of the estate, and the Oyetubo Jokotade Estate Resource Limited.
The claimants had dragged the defendants before the court over the alleged incessant harassment, molestation and imposition of arbitrary charges on homeowners and residents of the estate particularly the reticulation charges contrary to the express terms of their contract.