The Lagos State High Court has stopped further demolition and construction on a disputed property at 168 Broad Street, Lagos Island, following a 48-hour quit notice issued by the Lagos Island Local Council.

Yetunde Adesanya granted the pre-emptive order after the alleged owner of the property, Dr Abimbola Adebowale, claimed that part of the premises had been demolished and subsequently taken over by Taiwo Ige Yusuf, who allegedly began preparations to develop the property.

The dispute followed an enforcement notice issued by the Lagos Island Local Council directing occupants of the property to vacate the premises and remove containers and other structures described by the council as illegal.

In the notice dated August 6, 2026, and signed by Ojora A.O. on behalf of the Council Engineer, the local council warned that failure to comply within 48 hours could lead to enforcement action in accordance with applicable laws and regulations.

Adebowale subsequently approached the court, alleging that the property had been partly demolished and that Yusuf took possession following the local government’s intervention.

She further alleged that the defendants forcefully ejected tenants without her consent, partly demolished the structure and barricaded the premises with aluminium zinc, allegedly in preparation for further demolition and construction.

The applicant argued that allowing further demolition or construction before the completion of the required pre-action protocol could cause irreparable damage.

In an 11-paragraph affidavit filed in support of the application, Babatunde Bello, a staff member of United Capital Trustee Limited, said the company had managed the property since 2016 without disturbance until the alleged recent encroachment.

Bello said Adebowale had appointed United Capital Trustee Limited as trustee of her properties through a Deed of Trust dated August 8, 2026.

He alleged that on August 19, 2026, the defendants forcefully ejected tenants from the property without prior notice or the claimant’s consent and partly demolished the structure during the night.

According to the affidavit, the defendants subsequently barricaded the property with aluminium zinc, allegedly with the intention of demolishing the remaining structure and commencing construction.

Adebowale, through her counsel, Waheed Isiaka of KISAB Solicitors & Attorneys, urged the court to preserve the property pending completion of the pre-action protocol.

She relied on Orders 1 and 2 of Practice Direction No. 2 of 2019, which empower the court to grant pre-emptive remedies where necessary to prevent irreparable damage or serious mischief and in the interest of justice.

Ruling on the application, Justice Adesanya held that the applicant had met the conditions required for the grant of a pre-emptive remedy.

The judge said an applicant must establish the likelihood of irreparable damage or serious mischief if the order was not granted, attach a Memorandum of Claim, demonstrate an urgent need to preserve the subject matter of the dispute and explain why the pre-action protocol had not yet been fully complied with.

Justice Adesanya held that the applicant had satisfied those requirements through the affidavits, Memorandum of Claim and exhibits presented before the court.

The judge consequently restrained Yusuf, the unidentified defendants and their privies, agents and proxies from completely demolishing, dissipating, excavating or constructing on the property pending full compliance with the pre-action protocol.

However, Justice Adesanya made clear that the order was temporary and conditional.

She directed the applicant to comply fully with the pre-action protocol within the timelines stipulated by the High Court of Lagos State (Civil Procedure) Rules 2019 and Practice Direction No. 2 of 2019.

The judge warned that failure to comply within the prescribed period would cause the order to lapse.