By Abdulwahab Abdulah
Justice T.A.O Oyekan-Abdullahi of a Lagos High Court has ordered Property Mart Real Estate Investment Ltd to stop further construction work on its Grenadines Homes project located at Sangotedo, Lagos.
The order of the court was sequel to a motion on notice filed by Complete Leisure Estate Nigeria Ltd alleging that Property Mart Ltd had trespassed on its parcel of the land where the Grenadine Home project is located.
In her order, Justice Oyeka-Abdullahi held: ” An order of interim injunction be and same is hereby granted to the claimant/ applicant restraining the defendant, its agents, privies, workmen and or servants from entering or further entering, occupying, developing and from further constructing any structure on any part or portion of the claimants 53.9 hectares of land covered by C of O dated May 6, 2015 and registered as no. 76/76/2015 lying and situated at Sangotedo, Eti Osa local government pending the final determination of this suit.”
The order from the court came after hearing counsel for both parties-Lawal Pedro, SAN for Complete Leisure Estate and Mr. Oshodi from Banwo & Igodalo for Property Mart on the motion on notice of the claimant.
Although Property Mart filed an appeal the same day against the court’s order, while Complete Leisure Estate has commenced contempt proceeding against the Managing Director of Property Mart for continuing with construction work at location.
In the substantive suit, Complete Leisure Estate Nigeria Ltd had claimed that the ongoing Grenadines Homes project was trespassing on its property as it had at no time sold or leased any of part of the land where the project is located to Property Mart.
The firm claimed that in 2006, Lagos State Government took over its land located at Okota but was later compensated with a 103 hectares of land at Sangotedo. However, it stated that it later dragged Lagos State Government to court when its CofO for the Sangotedo 103 hectares was revoked on two occasions.
According to the firm, Justice Abiru and Justice Kazeem Alogba both of the Lagos High Court in two separate judgements against the state government handed back the land to it.
It further stated that an appeal was however filed against both judgements by Ajah Community Developers Association whom the Lagos State Government had allocated part of the 103 hectares during the pendency of the suit to reclaim its land.
The firm also stated in the court papers, that during the pendency of the legal action against Lagos State Government, it entered agreement with some companies to sell unspecified portions of the 103 hectares if judgement is given in its favour.
The firm however averred that as part of measures to resolve the protracted litigation, it eventually settled the case with Lagos State government and accepted a settlement offer of 53 hectares out of the 103 hectares of the disputed land and another 65 hectares at Ibeju Lekki.
The substantive suit between the parties has been adjourned to October 31, 2017 for hearing.