Funke Busari, Lagos
Emerging facts have shown that contrary to a court order restraining Lekki Gardens Estate Ltd and Foreshore Waters Ltd from constructing, developing, building or any similar activity in Osborne Foreshore Estate II, Ikoyi, Lagos, the developers are back on site.
Early this morning, construction process were in top gear and already obstructing free flow of vehicular movement into the Estate.
Recall that Justice Nicholas Oweibo of a Federal High Court in Lagos had restricted the two defendants/applicants from predicating on any approvals granted by the 4th defendant, (Lagos State Physical Planning Permit Authority) pending the hearing and determination of the motion on notice for interlocutory injunction.
The judge made the order following an application by the Registered Trustees of Osborne and Foreshore Residents Association through their lawyer Mr. Kemi Pinheiro SAN.
The order is the latest episode in the months long dispute between the residents and the association over, among others, alleged violation of the estate’s building plans.
Mr. Pinheiro had argued in the suit marked FHC/L/CS/755/2021 that the defendants actions were against the policy of the estate as a residential territory.
The residents had prayed the court to halt construction process on the properties situated at Block II Plot 2, Plot 7, Block 7, Plot 5, Block 6, Plot 17, Block 9, Plot 23, Block 9, Plot 17, Block 10, Plots 1A, 1B, 1C, Block 6, Plot 19, Block 6, Plot 12, Block 6, Plot 9A, Block 6, Plot 14, and Block 11, Plot 2.
Others are Signature One on Royal Palm Drive, Signature Two, Le Chateau, Insignia and Foreshore Towers on Acacia Road within the Estate or any other property currently being developed by the respondents all within Osborne Foreshore Estate II.
The judge found merit in the application upon reading the affidavit in support of the motion exparte for interim injunction and exhibits attached, sworn to by the Admin Manager of the Osborne Foreshore Phase II, Mrs Ifeoma Maduakor.
The defendants in the suit are National Environmental Standards and Regulations Enforcement Agency, Lekki Garden Estate Ltd, Foreshore Waters Ltd and Lagos State Physical Planning Permit Authority.
The defendant failed to appear before the court to defend their position on the last hearing and the judge adjourned till July 26 to appear before it and argues why the interim should not be made permanent.
Meanwhile, effort made to see a management staff of Lekki Gardens Estate Limited prove abortive as the supervisor on site refused to talk to give information in respect of the development and declined in giving out contact of their head for reaction.
Meanwhile, a letter obtained by CASEFILE from the Residents Association showed content of which the engineer may have relied on.
According to the letter on Lekki Gardens’ letterhead, a project manager, Engineer Kayode Dawodu had instructed all contractors to immediately resume work.
Below is the letter
“Dear Sirs,
IMMEDIATE RESUMPTION OF WORKS AT OSBORNE FORESHORE ESTATE 2
Above Subject Matter refers.
Kindly note that all contractors are to immediately resume to work by Friday, 23rd July, 2021
We apologize for any inconvenience this may have caused us all. However, we hope that we can fully mobilize to site to proceed at the same pace of work (or even better) than we had before the break.
Thank you all for your support and cooperation Best Regards! Engr. Kayode Dawodu “Project Manager”
