A Lagos State High Court sitting in Epe has issued an interim order restraining Multi-Purpose Infrastructure Development Construction Limited, Abbey Mortgage Bank Limited, and seven other defendants from further demolishing properties at Roseville Gardens Estate in Ogombo, Eti-Osa Local Government Area of Lagos State.
Court Order Details
Justice Sharafa Olaitan granted the injunction following an ex parte application by aggrieved property owners and residents. The suit, marked EPD/19014LMW/2026, was filed by 11 claimants led by Sunny Okeke Akubude, Zeniatu Rosemary Elewonibi, and Osunlakin Akinola Abass on behalf of themselves and 15 other property owners.
Defendants Named
Other defendants in the suit include the Attorney-General of Lagos State, the Commissioner for Physical Planning and Urban Development, the Lagos State Building Control Agency (LASBCA), the Registrar of Titles, Rosebank Park Limited, Abiodun Lasisi, and Emmanuel Obire.
Ruling and Injunction
Justice Olaitan granted an interim injunction restraining the defendants, their agents, contractors, privies, and representatives from further demolition, trespass, or interference with the claimants' properties until a motion on notice is determined. The court also barred the defendants from creating or transferring any third-party interests in the disputed land during the pendency of the case.
Claimants' Arguments
Counsel to the claimants, G. Ogundele, informed the court that the applicants are lawful owners of about 50 plots of land within the estate. He relied on an affidavit by the third claimant, Osunlakin Akinola Abass, which stated that the land falls within the Ogombo excision area covered by a global Certificate of Occupancy and was acquired from members of the Amoja Idowu Sakare Family of the Abeje Branch of the Ogusi Chieftaincy Family. The claimants added that many had obtained Governor's Consent, registered their titles, and secured building approvals before developing residential buildings, churches, and mosques currently occupied by residents.
Court's Reasoning
Justice Olaitan held that the claimants established a prima facie interest in the land and demonstrated sufficient urgency to justify the interim relief. He noted that ex parte injunctions are granted in real urgency to preserve the status quo and prevent irreparable damage. “The Claimants/Applicants have established a prima facie interest in the land and shown that there is real urgency warranting the grant of the interim injunction,” the judge ruled. The court emphasized that such orders are necessary where delay could result in serious or irretrievable harm.
Next Steps
Justice Olaitan ordered that all court processes be served on the defendants and adjourned the matter till June 9, 2026, for the hearing of the motion on notice for an interlocutory injunction.
