The matter of the Registered Trustees of Osborne Foreshore Residents’ Association Lagos vs National Environmental Standards and Regulations Enforcement Agency, Lekki Gardens Estate Limited, Foreshore Waters Limited and Lagos State Physical Planning Permit Authority – Suit No: FHC/L/CS/755/2021 was struck out on Tuesday August 10, 2021 by The Federal High Court on the ground that the said suit was an abuse of court process.
The Association had obtained an ex parte order purporting to restrain Lekki Gardens and Foreshore Waters from continuing with their developments within the Estate without full disclosure to the Federal High Court of subsisting material facts in respect of the existence of a suit before the High Court of Lagos State with the same subject matter.
The ex partè order was obtained as part of desperate acts by the Chinwe Ezenwa-Mbah-led Association to stop Lekki Gardens from carrying out its legitimate business within the Estate despite a valid and subsisting order on the same matter by the High Court of Lagos state.
The presiding Judge, Honourable Justice I. N. Oweibo, who struck out the case, also awarded damages against the Association in favour of Lekki Gardens.
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