The management and administration of Pearl Gardens Estate in Sangotedo, CMB Building Maintenance and Investments Limited has been ruled by a Lagos High Court to be undisputed.
The case of CMB Building Maintenance & Investments Company Vs Felix Obiakor & Residents Association of Pearl Gardens was ruled on by Justice Olubukola Aigbokhaevbo.
CMB applied by way of originating summons for a consequential order to take over as the sole management of Pearl Gardens, and the court held that the manner of management was the only thing in dispute.
The counter-claims by the Residents Association were dismissed. The court held that the Resident Association’s counter-affidavit was not properly brought before the court as it was filed out of time, and there was no application to regularize 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.
The Court 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.
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CMB Building Maintenance and Investment Company Limited had approached the Lagos State High Court by way of an originating summons to give a consequential order to the judgment that entered in favour of CMB on December 1, 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. However, the Counsel to CMB objected to the counter-affidavit of the Residents Association on the ground that the counter-affidavit was improper before the court as it was filed out of time and there was no application to regularize it.
The court agreed with the Counsel to CMB on the issue that the counter-affidavit of the Resident Association was not proper before the court and it was accordingly struck out. The Oyetubo Jokotade Estate raised the issue that the suit could not be resolved by the originating summons.
The Claimant’s counsel argued that the suit is one for the court to make a consequential order based on the judgment of Justice Olokoba and, as such, the court must restrict itself to the judgment before it.
The court agreed with the Claimant’s Counsel that the matter is resolved by originating summons because what the claimant is seeking is for the instant court to make a consequential order based on the judgment that was delivered in favour of CMB in 2021 against the Resident Association.
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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 estate management and administration issue was not raised in the matter before Justice Olokoba. Neither the claimant nor the Defendant in the suit before Justice Olokoba referred to the issue of management throughout the gamut of the trial before the said court.
The Court held that there was never any dispute as to the management and administration of the estate.
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 grant 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.
