Lekki Gardens Estate Limited Recorded Victory Over Osborne 2 Estate Residents

Lekki Gardens Estate Limited recorded a resounding and significant victory on Tuesday the 10^th of August in the ongoing saga of Osborne 2 Estate Residents’ Association (OSFRA) against Lekki Gardens, when the Honorable Justice I.N. Oweibo of the Federal High Court who had earlier granted an interim order in favor of OSFRA struck out the matter as an abuse of court process.  The Court’s decision was further to Lekki Garden’ application to set aside and strike out/dismiss the interim order on grounds of material concealment of facts, lack of jurisdiction and abuse of court process.

The ex parte  order was obtained as part of desperate acts by OSFRA to stop the Company from continuing with its legitimate business within the estate despite a valid and subsisting order on the same matter by the High Court of Lagos state.

OSFRA’s executives led by an old and experienced lawyer Chinwe Ezenwa-Mba and its Trustees in their usual manner of disregarding the rule of law and constituted authority, acted contemptuously against the High Court of Lagos State by blatantly disobeying its order in instituting the case with the same Parties and subject matter at the Federal High Court; a brazen case of “Forum Shopping”

 

By this decision in setting aside the Order and striking out the Suit, the Federal High Court agreed with Lekki Gardens that:

 

1. The ex parte order be set aside as it ought not to have been granted in the first instance
2. The Suit was an abuse of Court Process by OSFRA, it’s Executives and it’s Counsel Kemi Pinherio, SAN
3. That It (the Court) lacked jurisdiction to entertain the suit.

The Court in its wisdom awarded costs against OSFRA in favour of Lekki Gardens Estate Limited