
Lagos State High Court in Tafawa Balewa Square has ordered Horizon Estate, a subsidiary of Lekki Gardens Estate, to hand over a four-bedroom maisonette (MT5A) at Cyberville Estate, Lekki, to a subscriber, Mrs. Omesham Patience Mbanuzuo.
Justice Akingbola George granted a perpetual injunction restraining the firm — also known as Horizon Paradise Limited — either by itself or its agents, from making further demands on Mrs. Mbanuzuo regarding any alleged outstanding payment for the property.
Justice George further issued another injunction restraining the company from interfering with the claimant’s quiet and peaceful possession and enjoyment of the four-bedroom maisonette (MT5A) at Cyberville Estate, Lekki. The court also ordered the company to pay Mrs. Mbanuzuo N1 million as costs.
The court declared that the claimant had discharged her obligations under the contract for the off-plan purchase of the four-bedroom maisonette, which the defendant completed over two years after the agreed construction and handover date.
Justice George made the orders while ruling in Suit LD/3536LM/2025 filed by Mrs. Mbanuzuo against Horizon Estate.
Mrs. Mbanuzuo, through her counsel, Mr. Pius Sodje, sued the company for failure to hand over the property she paid for and sought the reliefs that were eventually granted by the court.
The real estate firm, represented by its counsel, Mr. Theophilus Ozumor, filed a counter-affidavit and urged the court to dismiss the suit with costs.
After reviewing all submissions, affidavits, and cited authorities, Justice George upheld all arguments advanced by the claimant’s lawyer and dismissed the defendant’s preliminary objection and counter-affidavit.
In granting judgment in favour of the claimant, Justice George held:
“From the evidence before the court, I resolve the issues in favour of the claimant and enter judgment as follows: A declaration that the claimant has fully discharged her obligations in the off-plan purchase of the four-bedroom maisonette (MT5A) at Cyberville Estate, which the defendant completed more than two years after the agreed construction and handover date.
“An order directing the defendant to immediately hand over the four-bedroom maisonette (MT5A) to the claimant.
“A perpetual injunction restraining the defendant, by itself or its privies, from making further demands regarding any outstanding payment on the property.
“A perpetual injunction restraining the defendant from interfering with the claimant’s quiet and peaceful possession and enjoyment of the property. The defendant shall pay N1million as costs to the claimant.”
Source; The Nation News