Africa’s foremost real estate giants, Sim Properties and Homes Limited, owners of Masters Golden Estate, Ofada, Ogun State secured a landmark legal victory after the Court dismissed a matter filed against the real estate giants.
The matter was filed by Mr Olumide Adeyinka and Barr Esther Adeyinka against SPH Facilities Management and Service Company Ltd and 2 Ors with suit number MOO/47M/2021. However, the Court held that the matter lacked merit. Therefore the Court proceeded to dismiss the matter on grounds of incompetence, lack of merit and abrupt waste of the Court’s time as prayed by Sim Properties’ Lawyer.
Case Synopsis
The Applicants filed the matter in 2021 claiming that their rights as tenants of the Masters Golden Estate were severally breached by the security outfit employed in the Estate. The matter was filed under Section 55 of the Magistrate Court Law of Ogun State. The Applicants prayed the Court for an order directing the Respondents to show cause why they should not be ordered to enter recognizance to keep the peace, be of good behavior and abstain from harassing or intimidating the lives of the Applicants and their family members.
The real estate giants’ defense team led by Bassey Etim Edet Jr. Esq. filed a preliminary objection contending that the facts before the Court were misleading, the matter lacked credit, evidence and more so was brought under the wrong provisions of the law. The defense team exposed the fact that the averment in the affidavit were radically opposed to the contemplation of Section 55 of the Magistrate Court Law of Ogun State. The said Section is clearly directed at Criminal infractions whereas the facts affidavit contemplated the enforcement of a sublease agreement.
In delivering its ruling, the Court on the 11th of April 2022, dismissed the Applicant’s claims and further cautioned the Applicants to be more diligent when prosecution future matters.
Responses
The Managing Director of the Estate; Mrs Rebecca Ahonsi, while expressing her joy, resolve and belief in the Court system stated that at all times the Estate backed with the Court’s decision would not relent in its efforts in providing excellent services to is numerous subscribers.
