
A Lagos State High Court sitting in Yaba has restrained the Lagos State Government, the Attorney-General of Lagos State, the governor, Mr. Gary Sanusi, and Dillon Consultants Nigeria Limited from taking possession of or interfering with a disputed property in Lekki Peninsula Scheme I pending the hearing of a motion on notice.
Justice E. O. Ashade made the interim orders in a suit filed by Chief H.A.K. Shonowo, who sued on behalf of herself and the estate of her late husband, Chief Owodiran Olusoga Shonowo.
The claimant told the court that she is an 80-year-old widow who has suffered hardship as a result of the defendants’ actions.
She urged the court to preserve the property pending the determination of the substantive dispute, which was granted.
The claimant, through her counsel Prof Babatunde Oni (SAN), had approached the court seeking to prevent the defendants from taking over the property.
It comprises 11 units of four-bedroom terrace houses, three units of three-bedroom flats, one unit of a two-bedroom flat and a commercial shop built on about 4,000/4,300 square metres at Block 113, Plot Health Centre, Lekki Peninsula Scheme I, Eti-Osa Local Government Area of Lagos State.
Granting the application, Justice Ashade held that the claimant had established sufficient grounds for the interim relief.
The judge ruled: “I am unable, therefore, to find any cogent reasons why the application of the claimant/applicant should be refused as I find the arguments of the learned senior counsel to be meritorious.
“I am, therefore, inclined to agree with the submissions of the learned senior counsel that it is in the best interest of justice to grant this application.
“Besides, it is trite law that when a court is seized of a matter, parties should not do anything that will impact on the jurisdiction of the court to entertain the matter in any manner whatsoever.
“The acts complained of by the claimant/applicant have the effect of impacting on the jurisdiction of this court to entertain the claimant’s claim as shown in the Writ of Summons and Statement of Claim as well as the affidavit evidence before this court if not restrained.”
Justice Ashade consequently restrained the defendants, whether acting by themselves or through their agents, privies, proxies, servants, staff or any other persons acting on their behalf, from taking possession of, reassigning, transferring, interfering with or otherwise meddling in the claimant’s alleged right to lawful possession of the property pending the hearing of the motion on notice.
The court also restrained the fourth and fifth defendants from handing over the disputed properties to any person pending the determination of the pending application.
As a condition for the interim injunction, the court directed the claimant to file an undertaking in the sum of N1 million to indemnify the defendants should it later be found that the interim order ought not to have been granted.
According to court documents, the claimant and her late husband were jointly allocated the original property measuring about 7,312.865 square metres at Lekki Peninsula Scheme I, Block 113, Plot Health Centre, Eti-Osa, in 1996 under a Certificate of Occupancy issued by the Lagos State Government.
The claimant alleged that the government revoked the right of occupancy through a letter dated October 7, 2020.
Following an appeal, the Lagos State Government reallocated 4,000 square metres of the land to the claimant through a letter of allocation dated May 17, 2021.
She claimed that a subsequent survey put the actual size of the land at about 4,300 square metres.
The claimant said she accepted the allocation and entered into a joint venture agreement with the third defendant for the development of the land.
Under the agreement, the developers were to construct 22 units of four-bedroom terrace houses, six units of three-bedroom flats and two units of two-bedroom flats.
She maintained that she was entitled to 11 units of the four-bedroom terrace houses, three units of the three-bedroom flats, one unit of the two-bedroom flat and a commercial shop, while the remaining units were to belong to the developer.
According to the claimant, the development commenced in 2021, with the developers expected to hand over her share of the completed project by August 31, 2023.
She alleged that despite repeated demands made from December 2025, the developers failed to hand over her portion of the property, requesting more time to complete fittings and fixtures before promising delivery by March 31, 2026.
The claimant further alleged that on March 27, 2026, the fifth defendant, through the fourth defendant, informed her via WhatsApp that the Lagos State Government intended to take over the entire 4,000/4,300 square metres allocated to her.
Source: The Nation News
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