Breach of Contract: Subscribers Drag Real Estate Firm to Court

Wale Igbintade

A Real Estate Firm, Brains and Hammers Limited (BHL) and its Chief Executive Officer, Mr. Adebola Sheidu, have been dragged before a Lagos State High Court by two subscribers, Messrs. J. Ajagbe and G.E Ogie, over alleged breach of contract, infraction and failure to deliver properties allegedly paid for since 2019.

The aggrieved clients in their originating motion exparte marked LD/6115/GCM/2022 filed by their Lawyer, Mr. Adetunji Adedoyin-Adeniyi, stated that they subscribed to the properties described as Unit D04 Coopest Beach Resort Estate, behind NICON Town Osapa London, being one unit of five bedroom fully detached duplex with a maid’s room situated at Shell Coopest Resort Estate, Lekki, Lagos, as contained in the offer letter dated February 4, 2019.

The subscribers also stated that they applied for Unit T6-09A Coopest Beach Resort Estate, behind NICON Town Osapa London, being one unit of four bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos, as contained in the offer letter dated August 14, 2019, to which they have completed payments in line with their respective offer letters issued by the first defendant.   

The claimants alleged that the first defendant, BHL, has refused to issue requisite documents evidencing the transfer of proprietary interest in the properties to them upon their failure to accede to the imposition of price variation costs by the defendant, which is not in compliance with the contracts executed between them and the defendant vide their respective offer letters dated February 4, 2019, and August 14, 2019 respectively.

The claimants also alleged that the defendants have prevented them from having unhindered access to their properties, which they finished with their personal monies as the units were sold to them as semi-finished, which is the subject matter of this suit.

They added that despite huge cost implications and investment on the property, the claimants and their families have not been able to access their personal belongings, clothes, children’s school books, personal gadgets and have put the claimants in a difficult situation as all their properties are in their respective units.

The claimants alleged further that the defendants have used the Nigerian  Police Force to continue to invite, harass, interrogate, question, intimidate and hound them.

They further alleged that the defendants have purportedly issued imminent threat to the claimants to revoke and sell the properties, thereby permanently depriving them of their proprietary rights to the said properties.

Consequently, the claimants are asking the court for “a pre-emptive order of injunction restraining the defendants whether by themselves, their affiliate and or sister companies or entities, their directors, officers, servants, agents, assigns or privies and or however called in relation to the defendants, from disturbing, interfering, disposing, transferring, selling, assigning, revoking or dealing with the first claimant’s property described as Unit D04 Coopest Beach Resort Estate, behind NICON Town Osapa London, being one unit of five bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated February 4, 2019.

They also urged the court to restrain the defendants from second claimant’s property described as Unit T6-09A Coopest Beach Resort Estate, behind NICON Town Osapa London, being one unit of four bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated August 14, 2019, pending the claimants’ compliance with the Lagos State High Court Practice Directions No.2 of 2019 on pre-action protocol, and or submission of the dispute subject matter of this suit to the Lagos State Multi-Door Courthouse.

“A pre-emptive order of injunction restraining the defendants whether by themselves, their affiliate and or sister companies or entities, their directors, officers, servants, agents, assigns or privies and or however called in relation to the defendants, from disturbing and or interfering with the claimants’ possession of the first claimant’s property described as Unit D04 Coopest Beach Resort Estate, behind NICON Town Osapa London, being one Unit of five bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated February 4, 2019, and the second claimant’s property described as Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated August 14, 2019, and/or taking any steps whatsoever inimical to their occupation of the referenced properties, pending their compliance with the Lagos State High Court Practice Directions No.2 of 2019 on pre-action protocol, and or submission of the dispute subject matter of this suit to the Lagos State Multi-Door Courthouse.

“A pre-emptive order of injunction restraining the defendants, their privies, agents and/or their deputies, assistants and all other officers under their control and command, servants from further using the office of the Nigerian Police or any other law enforcement agencies in harassing, interrogating, questioning, inviting, arresting, intimidating and hounding them and their agents or representatives in any manner whatsoever, pending their compliance with the Lagos State High Court Practice Directions No.2 of 2019 on pre-action protocol, and or submission of the dispute subject matter of this suit to the Lagos State Multi-Door Courthouse.”

The claimants also ask the court for the following reliefs: “a declaration that the contract entered between them and the first defendant with respect to Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated February 4, 2019 and Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town, Osapa London, being one Unit of four bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 14th August, 2019 offered and accepted by the Claimants is valid and subsisting.

Meanwhile, Justice Olumuyiwa Oluseun, who is sitting as the vacation judge, has adjourned the matter till September 15, 2022, for report.