Court Restrains Multi-Purpose Infrastructure Development Construction Ltd, Abbey Mortgage Bank From Demolishing Lagos Properties

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A Lagos State High Court sitting in Epe has restrained Multi-Purpose Infrastructure Development Construction Limited and Abbey Mortgage Bank Limited, alongside seven other defendants, from further demolishing properties or creating third-party interests in a disputed parcel of land at Roseville Gardens Estate, Ogombo, in Eti-Osa Local Government Area of Lagos State.

The interim order was granted by Justice Sharafa Abioye Olaitan, following an ex parte application filed by a group of property owners and residents of the estate.

The suit, marked EPD/19014LMW/2026, was instituted by 11 claimants led by Sunny Okeke Akubude, Zeniatu Rosemary Elewonibi, Osunlakin Akinola Abass and others on behalf of themselves and 15 additional property owners.

Joined as defendants in the matter are 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, Multi-Purpose Infrastructure Development Construction Limited, Abbey Mortgage Bank Limited, Rosebank Park Limited, Abiodun Lasisi and Emmanuel Obire.

In the ruling, the court granted an interim injunction restraining the defendants, their agents, representatives, contractors and privies from undertaking any further acts of trespass, demolition or interference with the claimants’ properties at Roseville Gardens Estate pending the hearing and determination of a motion on notice already filed before the court.

Justice Olaitan also restrained the defendants from creating or transferring any third-party interests in the disputed land while the substantive application remains pending.

Appearing for the claimants, G. Ogundele Esq, said an affidavit deposed to by the third claimant, Osunlakin Akinola Abass, contended that they are the lawful owners of approximately 50 plots of land within Roseville Gardens Estate, Ogombo.

According to the affidavit, 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 applicants told the court that many of the landowners obtained Governor’s Consent, registered their titles and secured building approvals before developing residential buildings, churches and mosques currently occupied by residents.

In his ruling, Justice Olaitan held that the applicants had established a prima facie interest in the property and demonstrated sufficient urgency to warrant the grant of interim relief.

“From the facts together with the exhibits before the Court, the Claimants/Applicants have established a prima facie interest in the land subject of this suit. This Court is satisfied that there is a real urgency warranting the request for the interim injunctions sought.

“The issue for determination is: ‘Whether from the facts presented before the Court, the Claimants/Applicants are entitled to the exercise of the Court’s discretion granting the interim orders prayed for.’

“An interim order of injunction is normally made without notice to the other side, to keep matters in status quo to a named date, usually not more than a few days, or until the Respondent can be put on notice. The rationale for an order made on such an application is that a delay caused by proceeding ordinarily by putting the other side on notice would or might cause such an irretrievable or serious mischief.

“Such injunctions are for cases of real urgency. The basis, therefore, for granting an ex parte order of injunction is the existence of special circumstances, invariably, all-pervading real urgency, which requires that the order must be made, otherwise an irretrievable harm or injury would be occasioned to the prejudice of the applicant.

“The existence of real urgency is a sine qua non for a proper ex parte order of injunction. See Agbaje v Ibru Sea Foods Ltd. (1972) LPELR-230 (SC), Military Governor of Lagos State & Ors. V. Ojukwu & Anor. (1986) LPELR-3186 (SC). From the facts together with the exhibits before the Court, the Claimants/Applicants have established a prima facie interest in the land subject of this suit. This Court is satisfied that there is a real urgency warranting the request for the interim injunctions sought.

“I have reminded myself that this is an ex parte application, and the Court needs to tread with utmost caution. However, since the Claimants/Applicants met the threshold for the reliefs sought, I have no choice but to grant the orders sought. The prayers sought by the motion dated and filed on 20/5/2026 are hereby granted pending the hearing and determination of the motion on notice for interlocutory injunction filed in this suit.

“This Order shall be served simultaneously with the originating processes and the motion on notice for interlocutory injunction on the Defendants/Respondents. The return date for the hearing of the motion on notice for interlocutory injunction shall be 9/6/2026”.