Court restrains CMB from harassing Pearl Garden Estate homeowners
Justice Abisoye Bashua of Lagos High Court, Epe has granted an interlocutory injunction restraining CMB Building Maintenance and Investment Company Limited from harassing and restricting the movement of homeowners within the Pearl Garden Estate situated at Sangotedo Village in Eti-Osa Local Government Area of the state.
The Court also restrained the defendants and their agents from interfering with the rights of the homeowners in providing safe and drinkable water for themselves and their family members.
Delivering ruling in an application filed by some of the homeowners against CMB (property and the estate management agents) and the Oyetubo Jokotade Estate Resource Limited (previous landowners), the judge stated that the order would subsist pending the hearing and determination of the substantive suit.
The judge held that the claimants in their affidavit supporting the application provided sufficient proof of ownership of the property through the deed of purchase assignment and that several homeowners had obtained their individual Governor’s Consent.
The said the defendants in their submission did not deny the established legal rights of the homeowners which entitles them to the restraining orders sought.
However, the Judge refused the claimants request for the suspension of the demand and collection of N650,000 reticulation charges and the unilaterally imposed N35,000 security fees on the homeowners by CMB.
The court said the validity of the N650,000 reticulation charges and the unilaterally imposed N35,000 fee by CMB were part of disputed issues which are to be determined in the substantive suit hence the court cannot make any pronouncement on them at the stage of the interlocutory proceedings.
The judge directed all parties to unfailingly appearance on the next adjourned date and subsequently fixed December 10, 2015 for case management.
The substantive N100 million suit was instituted by Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan in representative capacity on behalf of themselves and all interested homeowners within the Pearl Garden Estate.