By Lukman Olabiyi
Justice Olubukola Aigbokhaevbo of the Lagos High Court, Ikeja 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 Aigbokhaevbo, said what was in dispute was the manner of management.
The court also dismissed the counter-claims by the residents association, holding that the residents association’s counter-affidavit was not properly brought before the court, as the 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 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.
At the hearing of the originating summons, the Counsel to CMB objected to the counter affidavit of the residents association on the ground that the counter affidavit was not proper before the court, as the same was filed out time and there was no application to regularise the 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 the same was struck out.
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.