Lagos State High Court in Ikeja has declared unlawful the restriction of movement of homeowners in Pearl Garden Estate at Sangotedo in Eti-Osa Local Government Area by CMB Building Maintenance and Investment Company Limited.
Justice Mufutau Olokoba ruled in a judgment on a suit filed by some homeowners against CMB (property and estate management agents) and Oyetubo Jokotade Estate Resource Limited (previous landowners).
The judgment, the certified true copy of which was obtained yesterday, was delivered on December 1.
The N100 million suit was filed by Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan on behalf of themselves and interested homeowners in Pearl Garden Estate.
The judge declared that the interference and infringement on the claimants’ rights by barricade and restriction of movement of claimants and 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 imposed by the second defendant on the claimants was 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. He held that the defendants should bear the cost of the action.