A Lagos State High Court sitting at Yaba has restrained a real estate firm, Property Development Company Plc from dissipating, disposing or tampering with a parcel of land measuring 5, 306. 989 square metres situated along Bishop Aboyade Cole Street, Victoria Island, Lagos, pending the hearing and determination of a suit filed against it.

Justice Olufunke Sule-Amzat made the order while delivering a bench ruling in an application for a preservative order on a parcel of land brought before the court by one Oluwafemi Ayodele through his counsel Gboyega Oyewole (SAN), leading Kolawole Salami, Ademola Adefolaju and Tobiloba Oyewole.

The claimant in an originating summons brought pursuant to section 272(1) of the 1999 Constitution of the Federal  Republic of Nigeria (As amended) and under Order 5 Rule 5 of the High Court of Lagos State (Civil Procedure) Rules, 2019, asked the court to determine whether the claimant is entitled to specific performance of the valid and subsisting contract between him and the defendant for the purchase of the parcel of land measuring 1,000 square metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.

He prayed the court for an order declaring that the contract between the claimant and defendant “was duly executed based on the offer letter dated September 28, 2022, valid and subsisting having regard to the acceptance of same and payment of consideration.

“A declaration that the defendant is not entitled to renege on the valid and subsisting contract between the claimant and the defendant constituted vide an offer letter dated 28th September 2022 and acceptance of same with the due payment of the consideration for the offer.”

He is therefore praying for an order of “specific performance on the execution of the Deed of Transfer by the defendant over the offered parcel of land measuring 1000 Square metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos, and;

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“Hand-over of all title documents in relation to the said parcel of land measuring 1,000 square metres covered by the piles and execution of all relevant documents necessary to vest proper title over the parcel of land measuring 1,000 square metres in the claimant.”

The judge, in her ruling on the application, held that “I have listened to the Learned Silk, Gboyega Oyewole (SAN) praying the court for a preservative order to maintain status quo to forestall the dissipation of the ‘res’. I have taken cognisance of the fact that the preservation of the ‘res’ would serve the better end of justice.

“I am also mindful that there is a need to hear the other side and prevent the breakdown of law and order, parties in this suit are hereby ordered to maintain status quo pending the hearing and determination of this suit.”

She also ordered that a hearing notice be issued, and a copy of same with an affidavit of service be put in the court file before the next adjourned date.

The judge subsequently adjourned the case to February 7, 2023, for further proceedings.

By Vision

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