By Olugbenga Soyele
Justice Nicholas Oweibo of the Federal High Court in Lagos on Tuesday struck out a suit filed by the Registered Trustees of Osborne and Foreshore Residents Association against the managing director, Lekki Gardens Limited, Richard Nyong.
The residents’ association had gone before the court asking it to halt further construction, development or building activities in Osborne Foreshore Estate II, Ikoyi, Lagos being carried out by Nyong and his companies, Lekki Gardens Estate Ltd and Foreshore Waters Ltd.
But the judge declined to assume jurisdiction over the suit, holding that it is an abuse of court processes.
Justice Oweibo also set aside an interim order restraining the respondents to stop ongoing construction works on the properties.
Other respondents in the matter are the National Environmental Standard and Regulations Enforcement Agency (NESREA) and the Lagos State Physical Planning Permit Authority.
Lekki Gardens Limited had in its response to the suit challenged the jurisdiction of the court to entertain the suit and also claimed that the plaintiffs concealed mattered facts to obtain the interim order.
In his ruling on Tuesday, Justice Oweibo set aside the July 9, 2021 interim order made against the respondents after dismissing the preliminary objection filed by the Plaintiffs.
The judge also agreed with the respondents that the plaintiffs concealed material facts, that apart from the first defendant, NESREA, other parties and facts in the suit before him are the same as those in a suit before the Lagos State High Court.
Justice Oweibo therefore held that, “looking at the processes before this court, it is only the first defendant (NESREA) that is not the party in the suit before Lagos State High Court.
“Looking at the circumstances of the fact that there is no difference between the suit before this court and the one before the Lagos High Court, this suit is an abuse of court processes.
“The suit is accordingly struck out and cost of N50,000, is hereby awarded against the Plaintiff,” he stated.
