Justice Olubukola Aigbokhaevbo of the Lagos State High Court has held that there is no dispute before the court concerning the management of Pearl Gardens Estate by CMB Building Maintenance and Investments Limited.
Justice Aigbokhaevbo, who made the declaration while ruling in a suit filed by CMB against Felix Obiakor and the Residents Association of Pearl Gardens, held that what was being disputed was the manner in which the CMB was managing the estate.
The judge ruled that the matter of managing and administering the estate was not brought up in the previous judgment delivered by Justice Mufutau Olokoba on December 1, 2021 and that neither the plaintiff nor the defendant mentioned the issue of management during the entire course of the trial in that court.
Therefore, the court concluded that it could not grant a relief that was not requested since CMB did not file a counterclaim in Justice Olokoba’s case filed by the Residents Association.
The judge also dismissed the counter-claims by the Residents Association, holding that their counter-affidavit was not properly brought before the court as it was filed out of time and that there was no application to regularise it.
The court further 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 court to give a consequential order to the judgement that was delivered in its favour by Justice Olokoba in a suit instituted by the residents association in 2015.
The association and Oyetubo Jokotade Estates Resource Limited filed a counter affidavit to the originating summons through their respective lawyers.
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