Court halts alleged demolition in Lagos estate, bars contractors

Federal High Court

A Lagos State High Court sitting in Epe has restrained Multi-Purpose Infrastructure Development Construction Limited, Abbey Mortgage Bank Limited, and seven other defendants from carrying out further demolition of properties at Roseville Gardens Estate in Ogombo, Eti-Osa Local Government Area of Lagos State.

Justice Sharafa Olaitan issued the interim order following an ex parte application filed by a group of aggrieved property owners and residents.

The suit, marked EPD/19014LMW/2026, was instituted by 11 claimants led by Sunny Okeke Akubude, Zeniatu Rosemary Elewonibi, and Osunlakin Akinola Abass on behalf of themselves and 15 other property owners.

Also joined as defendants in the suit are the Attorney-General of Lagos State, the Commissioner for Physical Planning and Urban Development, the Lagos State Building Control Agency (LASBCA), the Registrar of Titles, Rosebank Park Limited, Abiodun Lasisi, and Emmanuel Obire.

In his ruling, Justice Olaitan granted an interim injunction restraining the defendants, their agents, contractors, privies, and representatives from carrying out further demolition, trespass, or interference with the claimants’ properties pending the determination of a motion on notice already before the court.

The court also restrained the defendants from creating or transferring any third-party interests in the disputed land while the matter remains pending before the court.

Counsel to the claimants, G. Ogundele, informed the court that the applicants are lawful owners of about 50 plots of land within the estate. He relied on an affidavit deposed to by the third claimant, Osunlakin Akinola Abass.

According to the affidavit, the land falls within the Ogombo excision area covered by a global Certificate of Occupancy and was acquired from members of the Amoja Idowu Sakare Family of the Abeje Branch of the Ogusi Chieftaincy Family.

The claimants further stated that many of them had obtained Governor’s Consent, duly registered their titles, and secured building approvals before developing residential buildings, churches, and mosques currently occupied by residents.

Justice Olaitan, in granting the application, held that the claimants had established a prima facie interest in the land and demonstrated sufficient urgency to justify the interim relief sought.

He noted that ex parte injunctions are granted in situations of real urgency to preserve the status quo and prevent irreparable damage.

“The Claimants/Applicants have established a prima facie interest in the land and shown that there is real urgency warranting the grant of the interim injunction,” the judge held.

The court emphasised that such orders are necessary where delay in hearing the opposing parties could result in serious or irretrievable harm.

Justice Olaitan subsequently ordered that all court processes be served on the defendants and adjourned the matter till June 9, 2026, for the hearing of the motion on notice for interlocutory injunction.

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