Court affirms company administers Pearl Garden Estate, rules non-dispute with residents 

ARINZE NWAFOR, Lagos 

A Lagos State High Court has ruled that there is no dispute between the residents of Pearl Gardens Estate, Sangotedo, Lagos and the management, CMB Building Maintenance and Investments Limited.

Justice Olubukola Aigbokhaevbo, in his ruling on CMB Building Maintenance & Investments Company Vs Felix Obiakor & Residents Association of Pearl Gardens, affirmed that the company remains the estate administrator.

Aigbokhaevbo noted that there is no dispute of ownership but what was in contention was the manner of management.

The company had applied by way of originating summons for a consequential order to take over as the sole management of Pearl Gardens.

Aigbokhaevbo dismissed the counter-claims by the Residents’ Association and held that they did not bring a proper counter-affidavit before the court having filed it out of time and being without an application to regularise it.

The court also dismissed the counter-argument by Oyetubo Jokotade Estate Resources Limited to the effect that the matter could not be resolved by originating summons.

The counsel to CMB Building Maintenance Company told the court that the matter could be resolved by originating summons because the claimant was seeking a consequential order based on the judgment delivered by the Court presided over by Justice Olokooba on December 1, 2021, which the judge agreed with.

Earlier in 2021, CMB Building Maintenance and Investment Company Limited approached the Lagos State High Court by way of an originating summons to give a consequential order to the December 1, 2021 judgment (which was in the company’s favour) by Justice Olokoba in the 2015 suit that the Residents’ Association instituted.

The Residents’ Association and Oyetubo Jokotade Estates Resource Limited filed a counter-affidavit to CMB’s originating summons through their respective lawyers.

At the hearing of the originating summons, the counsel to CMB objected to the counter-affidavit filed by the Residents’ Association on the ground that it was filed out of time and that there was no application to regularise it.

The court agreed with the counsel’s objection and struck out the counter affidavit of the Residents’ Association.

Further, the court addressed the main issue which is whether it is to make a consequential order or not.

Aigbokhaevbo held that the consequential order has to flow from the relief sought in a matter or incidental to the relief sought.

He held that the relief which CMB prayed for was the right to the sole management of Pearl Gardens Estate and that it was not brought before Justice Olokoba in the suit filed by the Residents’ Association.

The court maintained that the issue brought before Justice Olokoba’s court was for payment of reticulation fees unilaterally imposed by CMB.

The judge held that the estate management and administration issue was not raised in the matter before Justice Olokoba and that neither the claimant nor the defendant in the suit before the said justice referenced management throughout the gamut of the trial before the said court.

Aigbokhaevbo held that the issue before Olokoba was the manner of management of Pearl Estate by CMB and not a dispute as to the management and administration of the estate.

Consequently, the court held that it could not grant a relief not originally sought, as CMB never filed a counterclaim in the suit before Justice Olokoba that the Residents’ Association had instituted.