By Bartholomew Madukwe

JUSTICE Abisoye Bashua of the Lagos State High Court sitting in Epe has fixed May 21 for ruling in a N100 million suit instituted by the Homeowners at Pearl Garden Estate, Sangotedo Village in Eti-Osa, against a property developer, Oyetubo Jokotade Estate Resource Limited, over alleged incessant harassment and imposition of arbitrary charges.

The N100 million suit was instituted by Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan on behalf of themselves and all interested homeowners within the Pearl Garden Estate.

Joined in the suit as second defendant was CMB Building Maintenance and Investment Company Limited, which was in charge of providing estate management services to the claimants.

In the suit, the claimants were asking the court for a declaration that the incessant harassment, restriction of movement and imposition of arbitrary charges on them by the defendants as illegal and unlawful.

They also asked the court to declare that the refusal of the second defendant to allow them install borehole in their homes as illegal and unlawful.

The claimants also asked for: “An Order of perpetual injunction restraining the defendants, jointly and severally, their agent, privies and cronies from further demanding or collecting reticulation charges in the sum of N650,000 or any other sums from the claimants, contrary to the express terms of the Deeds of Assignment and the Sale and Management Agreement.

“A Mandatory Order directing the second respondent to refund to the claimants and other residents all monies collected forcefully as part or full payments of the unlawful imposition of the reticulation charges and the unilateral estate charges immediately to the respective claimants and other homeowners.

“An Order restraining the defendants from further harassing them and also the sum of N100 million as general damages for the barricade, destruction of property and unlawful denial of the claimants access to the Estate on March 13, 2013.”

At the hearing of the suit, counsel to the defendants, Mr R.A. Aladesanmi, said they had filed an application asking the court to stay proceedings of the suit, pending the referral of the arbitration proceedings.

Aladesanmi argued that all purchases of the land entered into an arbitration agreement contained in their individual Sale and Management Agreement, adding that the appropriate place to resolve the dispute was through arbitration.