Thu. Sep 23rd, 2021

Court Clears Lekki Gardens’ MD Of Contempt, Strikeouts Osborne Foreshore Residents’ Suit

Court Clears Lekki Gardens’ MD Of Contempt, Strikeouts Osborne Foreshore Residents’ Suit

Justice Nicholas Oweibo of a Lagos Federal High Court, today, set aside an interim order of contempt made against Lekki Gardens Limited and it’s Chief Executive Officer (CEO) and Managing Director, Mr. Richard Nyong, over the construction on Osborne and Foreshore area of the State.

The judge also struck out the suit filed by the Registered Trustees of Osborne and Foreshore Residents Association, for being abuse of court processes and lack of jurisdisction.

The residents’ association through their counsel, Mr. Kemi Pinheiro (SAN) had dragged Lekki Gardens Limited, it’s Managing Director and Foreshore Waters Limited, before the court for allegedly disobeying an interim order of the court, made on July 9, by Justice Oweibo, restraining Lekki Gardens Estate Limited and Foreshore Waters Limited from carrying out any further construction, development or building activities in Osborne Foreshore Estate II, Ikoyi, Lagos.

Joined as respondent in the suit marked FHC/L/CS/755/2021, alongside Lekki Gardens Limited and others, was National Environmental Standard and Regulations Enforcement Agency (NESREA).

But Lekki Gardens Limited, in response to the suit, filed and argued by their Counsel, Mr. Tola Oshobi (SAN), urged the court to dismiss the Residents Association’s motion on notice and the Exparte order issued against his clients, for being an abuse of court process and lack of jurisdisction.

Oshobi (SAN) had also told the court that the plaintiff concealed matter facts before the court.

Delivering ruling on the application filed by parties, Justice Oweibo first granted Lekki Gardens Limited and it’s Managing Director, Mr. Richard Nyong’s application to set aside the July 9 interim order made against them, by dismissing preliminary objection filed by the Trustees of Osborne Residents Association.

In striking out the Residents Association’s suit, Justice Oweibo agreed with the Lekki Gardens Limited and others that the plaintiff concealed material facts, saying that ‘though, apart from the first defendant, NESREA, other parties and facts in the suit before his court are same as the suit before Lagos High Court.

Consequently, Justice Oweibo while cited plethoras of authorities held that: “looking at the processes before this court, it is only the first defendant (NESREA) that is not the party in the suit before Lagos State High Court.

“Looking at the circumstances of the fact that nothing is different between the suit before this court and the one before a Lagos High Court, except the first defendant, this suit is an abuse of court processes.

“The suit is accordingly struck out and cost of N50, 000, is hereby awarded against the Plaintiff”.