Lagos estate residents regain freedom of movement as court voids restrictions

A Lagos state high court sitting in Ikeja has nullified a movement restriction order placed on residents in Pearl Garden Estate at Sangotedo in Eti-Osa LGA.

In February 2015, the claimants, Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan, had filed a lawsuit on behalf of themselves and other estate residents against CMB Building Maintenance and Investment Company Limited (property and the estate management agents) and the Oyetubo Jokotade Estate Resource Limited (previous landowners).

The claimants demanded N100 million as compensation.

Delivering judgment, Mufutau Olokoba, presiding judge, held that the property developers trampled on the claimants’ rights by restricting their movement in and out of the estate.

He also nullified the N35,000 estate charge imposed on the claimants.

The court, however, held that the estate management has the right to fix reticulation and service charges adding that it is an agreement the homeowners signed up for and cannot renege from it.

But Olokoba held that there must be an agreement between the estate management company and homeowners over the actual amount to be paid for the services.

The judge rejected to grant the claimants’ petitions, which sought N100 million in damages from the defendants. Instead, he ordered the defendants to cover the legal fees.