Residents of 1004 estates cry out for justice as managers enjoy status quo

RESIDENTS of 1004 estates, known as 1004 Homeowners and Residents Association, are demanding justice based on the judgment of a Lagos High Court that granted them right to enquire into the estates’ management and control.

This judgment of the high court was arrested last month when the managers of the estates, 1004 Estates Limited, obtained an order of the same high court asking all parties to the dispute to maintain status quo.

But the residents are complaining that since the managers got the order for parties to maintain status quo, they have relapsed into business as usual, without any seeming effort to pursue their appeal so that the dispute will be finally determined.

In the decision delivered in December 2015, Justice K. O. Dawodu, having examined the processes filed by the parties agreed with the residents that they have a right of enquiry. His judgment: “I have carefully perused Exhibits 1004 1, 1004 1.1 and 1004 1.2., I find and hold that the defendant’s demand are not unlawful or likely to cause breach of the peace of the Estate and it is not an interference with the Management and administration of the Estate by the claimants”.

He further stated in the ruling that there is privity of contract between the claimants and the defendants, adding that the law is trite that it is only parties to a contract that can exercise any form of rights with respect to a contract.
The Claimant, 1004 Estate Limited, had alleged that the Defendants, The Incorporated Trustees of 1004 Home Owners and Residents Association, have on several occasions made spurious demands and interference with the its lawful management and administration of the Estates.

But Dawodu in his ruling said that a demand for audit of account of the Claimant and a request to express opinion in fixing and review of management/service charges is not an interference with the Claimant’s management and administration of the Estates.
“In any civilized society, the Government will always render account to the governed, the people.

“I therefore do not see anything wrong for the Claimant to render account of its stewardship to the Defendant. More so, since it is the Defendants that pay the service charges to the Claimant for the management and administration of the estates.

“It is in order for the defendants to request and know how their money is being spent judiciously. Claimant is supposed to be working for and on behalf of the Defendants”, the judge stated.

He further stated that the Defendants are at liberty to give suggestions and advice on the management of the Estates and there should be corresponding understanding between the residents and the management of the Estates.