Ikeja High Court in Lagos State has cancel a movement restriction order placed on homeowners in Pearl Garden Estate at Sangotedo in the Eti-Osa Local Government Area of the state by CMB Building Maintenance and Investment Company Limited.
Justice Mufutau Olokoba declared the restriction illegal while giving judgment on a suit filed by some of the homeowners against CMB and the Oyetubo Jokotade Estate Resource Limited (previous landowners).
According to Punch News paper In the court judgment, obtained by Sunday PUNCH, the claimants, Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan, filed the N100m suit on February 9, 2015, on behalf of themselves and other estate residents against the property developers.
While delivering the judgment on the matter, Justice Olokoba observed that the property developers trampled on the claimants’ rights by restricting their movement in and out of the estate.
He also declared as null and void an estate charge of N35,000 imposed by the second defendant on the claimants.
The judge ruled, “A declaration that the reticulation charge is imposed by the second defendant is fraudulent, illegal, null and void and of no effect whatsoever, same having been contrary to the representation made to the claimants by the 1st defendant at the time of acquisition of their respective plots and the express terms of the Deeds of Assignment and the sale of the management agreement.”
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