Justice Olubukola Aigbokhaevbo of the Lagos High Court has ruled that the management and administration of Pearl Gardens Estate, Sangotedo, Lagos by CMB Building Maintenance and Investments Limited is not in dispute.

The judge, while ruling on the case filed by CMB Building Maintenance & Investments Company against Felix Obiakor and Residents Association of Pearl Gardens, held that the management was not in dispute.

The CMB had filed an originating summons for consequential order to take over as the sole management of Pearl Gardens, but the judge held that what was in dispute was the manner of management.

The court also dismissed the counter-claims filed by the Residents Association.
It held that the residents’ association’s counter-affidavit was not properly brought before the court as it was filed out of time and there was no application to regularise it.

The court also dismissed the counter-argument by Oyetubo Jokotade Estate Resources Limited to the effect that the matter cannot be resolved by originating summons.

Justice Aigbokhaevbo, however, agreed with the argument of counsel to CMB that the matter could be resolved by originating summons because the claimant was seeking a consequential order based on the judgment delivered by Justice Mufutau Olokooba on December 1, 2021.

CMB had in its originating summons, prayed the court to give a consequential order to the judgment entered in favour of CMB on 1st December, 2021 by Justice Olokoba in the suit that was filed by the Residents Association in 2015 marked LD/064GCMW/2015.

The Residents Association as well as Oyetubo Jokotade Estates Resource Limited filed a counter-affidavit to the originating summons through their respective lawyers.