COURT STOPS DEMOLITION, CONSTRUCTION ON DISPUTED LAGOS PROPERTY

The Lagos State High Court sitting in Igbosere has restrained further demolition, excavation and construction on a disputed property located at 168 Broad Street, Lagos Island.

Justice Yetunde Adesanya issued the temporary order following an application by Dr Abimbola Adebowale, who alleged that part of the property had been demolished before Taiwo Yusuf allegedly took possession and began preparations to develop the premises.

The dispute followed a 48-hour enforcement notice issued by the Lagos Island Local Government on August 6, 2026, directing occupants to vacate the property and remove containers and other structures described as illegal.

The notice warned that failure to comply within the stipulated 48 hours would result in enforcement action under applicable laws and regulations.

Adebowale alleged that the situation escalated after part of the property was demolished and Yusuf allegedly took possession following the local government’s intervention.

She further claimed that tenants were forcefully ejected without notice, while part of the structure was demolished at night and the premises barricaded with aluminium zinc in preparation for further demolition and construction.

In an affidavit filed in support of the application, Babatunde Bello, a staff member of United Capital Trustee Limited, said the company had managed the property since 2016 without disturbance until the alleged encroachment.

Bello stated that Adebowale appointed United Capital Trustee Limited as trustee of her properties through a Deed of Trust dated August 8, 2026.

He alleged that on August 19, 2026, the defendants forcibly evicted tenants from the premises without prior notice or Adebowale’s consent before partially demolishing the building.

The affidavit further stated that the defendants barricaded the property with aluminium zinc, allegedly to facilitate the complete demolition of the remaining structure and the commencement of construction.

Adebowale, through her lawyer, Waheed Isiaka of KISAB Solicitors & Attorneys, urged the court to preserve the property pending the completion of the pre-action protocol.

She relied on Orders 1 and 2 of Practice Direction No. 2 of 2019, which allow the court to grant pre-emptive remedies where necessary to prevent irreparable damage or serious mischief.

Ruling on the application, Justice Adesanya held that Adebowale had satisfied the conditions required for the grant of the pre-emptive remedy.

The judge said an applicant must demonstrate that refusing the order could result in irreparable damage or serious mischief, attach a Memorandum of Claim, establish an urgent need to preserve the subject matter and explain any failure to fully comply with the pre-action protocol.

Justice Adesanya found that the applicant had met the requirements through the affidavits, Memorandum of Claim and exhibits presented before the court.

The court consequently restrained Yusuf, the unidentified defendants, their privies, agents and proxies from completely demolishing, dissipating, excavating or carrying out construction on the disputed property pending full compliance with the pre-action protocol.

The judge, however, clarified that the order was temporary and conditional.

She directed the applicant to fully comply with the pre-action protocol within the timelines prescribed by the High Court of Lagos State Civil Procedure Rules 2019 and Practice Direction No. 2 of 2019.

Justice Adesanya warned that failure to comply within the stipulated period would result in the protective order lapsing.