Osborne 2 Estate Loses, Mr Richard Nyong and Lekki Gardens Vindicated

In furtherance of their malicious vendetta against Mr Richard Nyong and Lekki Gardens, the Osborne 2 Residents’ Association (OSFRA) in a recent ill-advised and misguided move and in an act of contempt of the Lagos High Court that had earlier issued a valid and subsisting order on the same subject matter, commenced Suit No. FHC/L/CS/755/2021 at the Federal High Court (FHC) and fraudulently concealed material facts, leading the Federal High Court to make an interim order restraining Lekki Gardens from continuing with construction works on their Projects within the Osborne 2 Estate.

Lekki Gardens subsequently filed an application to set aside the interim order and strikeout/dismiss the suit on grounds of material concealment of facts, lack of jurisdiction and abuse of court process.

After hearing Lekki Gardens’ application, the Federal High Court delivered its ruling on 10th August 2021. In its ruling, the Federal High Court agreed with Lekki Gardens that indeed there were valid grounds for the application to set aside the interim order to succeed. The court further held that it lacked jurisdiction to entertain the suit and to have made the interim order. The Court also noted that OSFRA’s suit constitutes an abuse of court process in view of the pendency of Suit No. LD/9224LMW/2020 at the High Court of Lagos State. In view of the above, the Federal High Court struck out OSFRA’s suit and awarded costs against OSFRA.

The Implication of The FHC Decision

The Federal High Court noted that it lacked jurisdiction to have made the interim order in the first instance and made it based on misrepresented facts presented by OSFRA. Therefore, the order having been made in want of jurisdiction is invalid and void ab initio and in perpetuity. The implication is that the interim order is as good as it never existed and cannot be enforced against Mr Richard Nyong, Lekki Gardens, Foreshore Waters or any person or group of persons.

On the other hand, the status quo order of the High Court of Lagos State remains valid and subsisting, binding and enforceable against all the Parties, OSFRA inclusive.

Lekki Gardens is to continue with the construction works on its Projects within the Estate without any restraint, disruptions or harassment from OSFRA and any such restraint or disruption is tantamount to blatant disobedience and contempt of the status quo order of the High Court of Lagos state.

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Source: Legit.ng