CMB Management of Pearl Gardens Estate Not in Dispute, Court Rules

A Lagos High Court 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.

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

The court also dismissed the residents’ association’s counter-claims. It held that the association’s counteraffidavit was not properly filed and that there was no application to regularise it.

It also dismissed Oyetubo

Jokotade Estate Resources Limited’s counter-argument that the matter could not be resolved by originating summons.

The judge agreed with CMB’s counsel’s argument that an originating summons could resolve the matter 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 court to give a consequential order to the judgment in favour of CMB on December 1, 2021, by Justice Olokoba in the suit instituted by the Residents Association in 2015 (LD/064GCMW/2015).

The association and Oyetubo Jokotade Estates Resource Limited filed a counter-affidavit to the originating summons through their respective lawyers.

At the hearing of the originating summons, CMB’s counsel objected to the counter-affidavit on the grounds that it was not properly filed and that there was no application to regularise it.

The court agreed with the CMB’s counsel and struck out the counteraffidavit.

The Oyetubo Jokotade Estate raised the issue that the originating summons could not resolve the suit.

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

The court agreed with the claimant’s counsel that the matter should be resolved by originating summons owing to the claimant’s seeking the instant court to make a consequential order based on the judgement that was delivered in favour of CMB in 2021 against the 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 association.

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