Court vacates interim order on Niger Towers
A Lagos High Court has vacated an interim injunction on Niger towers, a highrise apartment complex with 36 units in Ikoyi, Lagos.
In a ruling last week, Justice Ezekiel Oluwole Ashade said, the interim injunction was granted without proper disclosure of relevant facts or concealment of material.
The judge said: “I found and hold that orders of interim injunction granted based on the applicant ex-parte application without proper disclosure of relevant facts or concealment of material facts now revealed by the affidavit evidence by the second respondent Mr Oluyemisi Ade John and third respondent Mr. Victor Osiemwonyi before this court is averse to the 2nd respondent proprietary.”
The judge further said that the interim order restraining the second respondent from interfering with existing structures, lay out or plan of the already developed property known as Niger Towers was liable to be set aside.
He noted that by the order the second respondent could only carry out improvement in Blocks A and B without affecting the common area as contained in the deed of sublease.
The application for the lifting of the interim order was brought pursuant to Orders 5,7,43 and 49 of the High Court of Lagos State Civil Procedure Rules of 2019 and under the inherent jurisdiction of the court. One of the grounds for the application is that the process upon which the order was made amounted to a gross abuse of process.
The interim order, the applicants contended grossly infringed on the constitutional right of the 2nd and third respondents/applicant to fair hearings amongst others.
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