Justice T.A.O Oyekan-Abdulalahi of a Lagos High Court has ordered Property Mart Real Estate Investment Ltd to stop further construction work on its Grenadines Homes project located at Sangotedo, Lagos.
The judge gave the restraining order following a motion on notice filed by Complete Leisure Estate Nigeria Ltd alleging that Property Mart Ltd had trespassed on its parcel of land where the Grenadine Home project is located.
After hearing counsel for both parties, Mr. Lawal Pedro, SAN for Complete Leisure Estate and Mr. Oshodi from Banwo & Igodalo for Property Mart on the motion on notice of the claimant, the court said “An order of interim injunction be and same is hereby granted to the claimant/ applicant restraining the defendant, s agents, privies, workmen and or servants from entering or further entering, occupying, developing and from further constructing any structure on any part or portion of the claimants 53.9 hectares of land covered by CofO dated May 6, 2015 and registered as no. 76/76/2015 lying and situated at Sangotedo, Eti Osa local government pending the final determination of this suit”.
Although Property Mart filed an appeal the same day the restraining order was granted, while Complete Leisure Estate has commenced contempt proceeding against the Managing Director of Property Mart for continuing with construction work at location.
In the substantive suit, Complete Leisure Estate Nigeria Ltd claimed that the ongoing Grenadines Homes project was a trespass on its property as it had at no time sold or leased any of part of the land where the project is located to Property Mart.
The firm claimed that in 2006, Lagos State Government took over its land located at Okota but later compensated it with a 103 hectares of land at Sangotedo.
The firm however stated that it later dragged Lagos State Government to court when its CofO for the Sangotedo 103 hectares was revoked on two occasions.
According to the firm, Justice Abiru and Justice Kazeem Alogba both of the Lagos High Court in two separate judgments against the state government handed back the land to it.
It further stated that an appeal was however filed against both judgment by Ajah Community Developers Association whom the Lagos State Government had allocated part of the 103hectares to during the pendency of the suit to reclaim its land.
The firm also stated in the court papers, that during the pendency of the legal action against Lagos State Government, it entered agreement with some companies to sell unspecified portions of the 103 hectares if judgment is given in its favour.
The firm however averred that as part of measures to resolve the protracted litigation, it eventually settled the case with Lagos State government and accepted a settlement offer of 53 hectares out of the 103 hectares of the disputed land and another 65 hectares at Ibeju Lekki.
Based on this development, the firm said it subsequently invited all the companies it had earlier entered purchase and lease agreement for adjustment since its C of O for the 103 Hectares have been withdrawn by Lagos State Government in replacement of a new C of O for the 53 Hectares.
Property Mart according to the firm, was not one of the companies it previously entered purchase agreement with or renegotiated with.
However, in its counter claim, Property Mart stated that it legally acquired the location for its ongoing Grenadines Home from Saglons Beverages Ventures Ltd who has a deed of assignment from Complete Leisure
The firm claims that the suit filed against it is an attempt to frustrate it’s project since Saglons Beverages Ventures Ltd has dragged Complete Leisure Estate Nigeria Ltd before another court over the disputed property.
Complete Leisure however alleged in its statement of claim that the deed of assignment referred to is a forgery and that in the earlier case referred to by Property mart another judge of the Lagos High Court Hon Justice Kasali had in a bench ruling restrained Saglons Beverages Ventures Ltd from further doing any work on the same site.
Meanwhile the court has adjourned the substantive suit till October 31, 2017 for hearing.