March 20, (THEWILL)- A Lagos State High Court has dismissed a suit filed by CMB Building Maintenance and Investment Company Limited against Pearl Gardens Estate homeowners in Sangotedo Village, Eti-Osa Local Government Area, seeking exclusive rights to take over the management of the estate.
Justice Olubukola Aigbokhaivbo, in her judgement, held that the property developer was not entitled to the reliefs sought in its originating summons.
According to a Certified True Copy of the judgement obtained by newsmen in Lagos on Wednesday, the judgement on suit No: LD/6834GCM/2023 was delivered on March 11, 2024.
CMB had on December 15, 2023, filed the suit asking the court for a consequential order to take over the exclusive management, administration and control, particularly manning the estate gate.
The claimant had also asked the court to restrain the defendants from interfering with the management of the estate by the property firm.
The defendants in the suit were Mr Felix Obiakor, Mr Martins Ajayi-Obe (representatives of the Homeowners of Pearl Gardens Estate), and Oyetubo Jokotade Estate Resources.
However, in her judgement, Justice Aigbokhaivbo referred the parties to the previous judgement delivered by Justice Michael Olokoba of a Lagos State High Court sitting in Epe on December 1, 2021.
She recalled that Justice Olokoba was very unambiguous in his judgement and there was no pronouncement on the issue of who had the right to the management of the estate and did not form part of the claim before the court.
“It is very important to point out at this juncture that the purpose of a consequential order is to give effect to the decision or judgement of the court, but not to grant an entirely new relief which was not contested by parties at the trial and which does not especially tally with the original reliefs claimed in the suit.
“Upon the foregoing, it is not within the power of this court to grant a relief not sought or contemplated by the parties in suit No: LD/064GCMW/2015, under the guise of a consequential order, especially as a consequential order is not merely incidental to a decision but one that necessarily flows directly from, and consequent upon it.
“The issue for determination is therefore resolved against the claimant. In the light of the above, I hold that the claimant is not entitled to the reliefs sought in its originating summons. This suit is, therefore, dismissed,” the judge held.
It would be recalled that Justice Olokoba in the previous judgement had declared that the interference and infringement on the claimants’ rights by barricade and restriction of movement of the estate residents by CMB and its agents was unlawful.
Reacting to the judgement, Mr Martins Ajayi-Obe, President of Pearl Gardens Estate Homeowners Community Association (PGEHCA), said, “As at the time of the delivery of the judgement of December 2021, the PGEHCA was in charge of running the estate and also manning the entrance gate.
“We, the residents, thank God for this new judgement. As the owners of our properties with proper documentation, we had to come together to take over the management of the estate because CMB became exploitative and infringed on the rights of residents,” he said.
About the Author
Anthony Awunor, is a business correspondent who holds a Bachelor of Arts Degree in Linguistics (UNILAG). He is also an alumnus of the Nigerian College of Aviation Technology (NCAT), Zaria Kaduna State. He lives in Lagos.
