Wemabod Drags Developer to Court Over Multimillion Naira Casino Heights Property

Wale Igbintade

A real estate company, Wemabod Estates Limited, has dragged a property development company, GTL Properties Limited, before a federal high court in Lagos over the sales of multimillion Naira Casino Heights, a luxury apartment situated at Herbert Macaulay Way, Lagos.
Also joined as defendants alongside GTL Properties Limited, is Casino Heights.

Wemabod in a suit numbered ID/6746GCM/2023 filed by its lawyer, Gboyega Oyewole, SAN, is asking the court to restrain the defendants from  unilaterally taking any decision that will or likely interfere with the claimant’s (Wemabod) ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State.  
Besides, the claimant is seeking an order of perpetual injunction restraining the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situate without its express permission, authorization and consent.

The claimant is also seeking for a declaration that by virtue of the Claimant’s ownership of the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the Defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment: and/or lease of same without the express permission, authorization, and consent of the Claimant.
The claimant urged the court to hold that the Development Agreement executed between the Claimant and the Defendants is valid, binding and subsisting.
The claimant is also seeking the  following reliefs: “A declaration that by virtue of the valid, binding and subsisting Development Agreement, the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situate at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorization and consent of the Claimant.

“A declaration that by virtue of the Claimant’s ownership of the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment and/or lease of same without the express permission, authorization and consent of the Claimant.
“A declaration that the Development Agreement executed between the Claimant and the Defendants is valid, binding and subsisting.
“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situate at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorization and consent of the Claimant.

“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the without the express permission, authorization and consent of the Claimant.
“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the Claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And cost of this action.”

The defendants are yet to file any response to the application, while the hearing of the suit by the ADR will soon commence virtually.