CMB management of Pearl Gardens Estate not in dispute, says court

 

AJAH, Lekki, Nigeria – A Lagos High Court sitting in Ajah, Lekki has ruled that the management and administration of Pearl Gardens Estate, Sangotedo, Lagos Estate by CMB Building Maintenance and Investments Limited is not in dispute.

Ruling on the case of CMB Building Maintenance & Investments Company Vs Felix Obiakor & Residents Association of Pearl Gardens, in which CMB applied by way of originating summons for consequential order to take over as the sole management of Pearl Gardens, Justice Olubukola Aigbokhaevbo, said what was in dispute was the manner of management.

The Court also dismissed the counter-claims by the Residents Association.

It held that the residents association’s counter-affidavit was not properly brought before the court as same was filed out of time and there was no application to regularise it.

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

Justice Aigbokhaevbo agreed with the argument of counsel to CMB 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.

CMB Building Maintenance and Investment Company Limited had, by way of an originating summons, approached the Lagos State High Court to give a consequential order to the judgement entered in favour of CMB on 1st December, 2021 by Justice Olokoba in the suit that was instituted by the Residents Association in 2015 (LD/064GCMW/2015)

The Residents Association as well as Oyetubo Jokotade Estates Resource Limited filed a counter affidavit to the originating summons through their respective lawyers.

At the hearing of the originating summons, the Counsel to CMB objected to the counter affidavit of Residents Association on the ground that the Counter Affidavit was not proper before the court as same was filed out time and there was no application to regularize same.

The court rightly agreed with the Counsel to CMB on the issue that the counter affidavit of the Resident Association was not proper before the court and same was according struck out.

The Oyetubo Jokotade Estate raised the issue that the suit could not be resolved by way of originating summons.

However, the claimant counsel argued that the suit is one for the court to make a consequential order based on the judgement of Justice Olokoba, as such the court is to restrict itself to judgement before it.

The court agreed with the Claimant Counsel that the matter is one that could be resolved by originating summons owing to the fact that what claimant is seeking is for the instant court to make a consequential order based on the judgement that was delivered in favour of CMB in 2021 against the Resident Association.

On the main issue before the court, which is for the court to make a consequential order, the court held that the consequential order has to flow from the relief sought in a matter or incidental to the relief sought.

The court further held that the relief being prayed for by CMB which is the right to the sole management of Pearl Gardens Estate was not an issue before Justice Olokoba in the suit filed by the Residents Association.

According to the Court, the issue before Justice Olokoba’s court was for payment of reticulation fees unilaterally imposed by CMB.

Justice Olubukola Aigbokhaevbo held that the issue of management and administration of the estate was not raised in the said matter before Justice Olokoba and that neither the claimant nor the Defendant in the suit before Justice Olokoba made reference to the issue of management throughout the gamut of the trial in the said court.

The Court held that there was never any dispute as to the management and administration of the said estate, but the issue before Olokoba was the manner of management of the estate by CMB which resulted in the said suit.

The Court held that it could not make an order granting a relief that was not sought, as CMB never filed a counter-claim in the suit before Justice Olokoba filed by the Residents Association.