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Residents sue firm over estate’s management

By Joseph Onyekwere   |   03 November 2015   |   2:56 am  

court.jpg-citynewsTHE Registered Trustees of Alpha Bay Estate Residents Association in Lekki has sued a property company, Admiralty Homes Limited and its chairman Mr Dun Salami.

They filed the N200 million action before Justice Kafeel Dawodu of the Lagos State Court, Igbosere, over alleged breach of contract.

The claimant, who sued for an on behalf of all the residents, also joined Admiralty Homes Management Limited as second defendant.

In the application, filed through its counsel, Chief Anthony Idigbe SAN, the claimant is seeking a declaration that it is entitled to control and manage facilities of Alpha Bay Estate.

It also wants the court to hold that the management of the estate by Admiralty Homes Management Limited is illegal and constitutes a breach of agreement between the claimant and the defendants.

The claimant sought an order directing the companies to hand over the estate’s management to the residents’ association pursuant to the agreement; as well as an order directing the companies to remit to it all estate dues paid by some residents from November 2013 till date among other prayers.

In the addition to the N200million damages, the claimant sought N15million against the defendants as solicitors’ fee, and interest on the judgment sum at the rate of 21 per cent per annum from the date of judgment until liquidation.

In its statement of claim, the claimant said the residents entered into various deeds of assignment with Admiralty Homes.

It said it was agreed that the second defendant would temporarily handle the estate’s affairs and hand over to the residents when they incorporate their association but added that the defendant violated the deed of assignment executed between them.

“The defendant’s continuous acts of breach of the agreement has caused the claimant to suffer severe loss, damages and injury,” the claimant said.

The claimant has, therefore, initiated contempt proceedings against the Chairman/Chief Executive of Admiralty Homes, Mr Dun Salami.

It is seeking “an order committing Mr Dun Salami and Mr Mathew Eyide, staff of the second defendant, to prison instanter and to be there imprisoned for contempt court in connection with the proceedings in this matter.”

In a supporting affidavit, a resident Kolapo Shofoluwe, said despite the motion for interlocutory injunction and writ of summons served on the defendants, he received a letter from the company, signed by Eyide on Salami’s instruction, saying he (Shofoluwe) would be prevented from entering the estate through the main gate, in disregard to the suit.

However, the defendants have filed a preliminary objection. They are seeking an order striking out the suit for want of jurisdiction.
“The claimant herein lacks the locus standi to institute this suit,” the defendants said.
Besides, they sought an order striking out the statement of claim and dismissing the suit on the basis that it “discloses no reasonable cause of action against any of the defendants.”

The case has been adjourned to December 3.



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