Justice Akingbola A. George of the Tafawa Balewa High Court, Lagos State has ordered a real estate firm Horizon Estate, a subsidiary of Lekki Gardens Estate, to immediately hand over the 4 Bedroom Maisonette (MT5A) at the Cyberville Estate Lekki Lagos, to a subscriber Omesham Patience Mbanuzuo.
The judge also issued an order of perpetual injunction restraining the real estate firm also known and called ‘the Horizon Paradise Limited’, either by itself or privies from further making demand on the subscriber, Omesham Patience Mbanuzuo, with respect to any outstanding payment on the one unit of 4 Bedroom Maisonette (MTS5A) at the Cyberville Estate.
The judge further issued an order of perpetual injunction restraining the firm from interfering with the quiet and peaceful possession and enjoyment of the said unit of 4 Bedroom Maisonette (MTSA) at the Cyberville Estate, Lekki, Lagos. While also ordered the company to pay the sum of N1 million to Mrs. Omesham Patience Mbanuzuo, as cost.
The court also declared that the claimant has fully discharged her obligations in the contract of the off plan purchase of a unit of 4 Bedroom Maisonette (MT5A) at the Cyberville Estate, which the defendant has finally completed after more than two years of the agreed construction and hand over date.
Justice George made the above orders and declaration while delivering ruling/judgment in a suit marked LD/3536LM/2025, filed by the home subscriber, Omesham Patience Mbanuzuo, against the company, Horizon Estates, a.k.a. the Horizon Paradise Limited.
Omesham through her lawyer, Pius Sodje, had dragged the company before the court over failure to hand over the property she had fully paid for.
She had specifically asked the court for the orders and declaration granted.
However, the real estate firm through its lawyer, Theophilus Ozumor, filed a counter affidavit and urged the court to dismiss the subscriber’s suit with heavy cost.
Delivering judgment in the suit, Justice George, after reading through all the processes filed by the parties and the legal authorities cited, upheld all the arguments canvassed by the subscriber’s lawyer and dismissed both the preliminary objection and counter affidavit filed by the real estate company, Horizon Estates a.k.a. ‘the Horizon Paradise Limited’.
In granting the subscriber’s claims against the rest estate firm, the judge held that: “…….in the final analysis and from the available evidences before the Court, I resolve the issues raised in favour of the Claimant and judgment is hereby entered as follows: “a declaration that the Claimant has fully discharged her obligations in the contract of the off plan purchase of a unit of 4 Bedroom Maisonette (MTSA) at the Cyberville Estate which the Defendant has finally completed after more than two years of the agreed construction and hand over date.
“An order of this Honourable Court directing the Defendant to immediately hand over the 4 Bedroom Maisonette (MT5A) at the Cyberville Estate to the Claimant.
“An order of Perpetual injunction restraining the Defendant either by itself or privies from further making demand on the Claimant with respect to any outstanding payment on the one unit of 4 Bedroom Maisonette (MTS5A) at the Cyberville Estate.
“An order of Perpetual injunction restraining the Defendant from interfering with the quiet and peaceful possession and enjoyment of the said unit of 4 Bedroom Maisonette (MTSA) at the Cyberville Estate, Lekki, Lagos.
“The Defendant shall pay the sum of N1,000,000.00 (One Million Naira) as cost to the Claimant. I so rule.”
