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Estate subscribers sue firm over alleged breach of contract

For allegedly breaching their contract, the Incorporated Trustees of Diamond Estate Property Owners and Residents Association has filed a suit against Femab Properties Limited before a

Court

sitting in Epe. 

Mr. Faustinus Brai is the 1st claimant, suing on behalf of himself and other members of the association, while Diamond Estate Limited is joined as the 2nd defendants.  

The claimants in the suit delineated LD/1559LMW/15 alleged that 1st defendant (Femab Limited) breached their contract, refused and failed to provide most of the facilities in their prospectus, despite consistent entreaties, adding that where they make such provisions, they remain uncompleted. 

Femab Limited, a developer and vendor sold serviced residential properties in Diamond Estate to the claimants, transferring ownership rights to the purchasers as beneficial owners.

The claimants alleged that the Femab without their consent hired the 2nd defendant, (Diamond Estate Limited) to manage the estate.  

The claimants stated that the 1st defendant before the sale through the offer of a prospectus presented to the claimants a fully serviced residential estate complete with modern day living and recreational facilities. 

The claimants averred that most of the facilities which the 1st defendant made the subscribers believe were in existence and for which they paid exorbitant fees were a ruse. 

They therefore want the court to compel the developer among other orders, to complete the Estate infrastructure as promised in the Diamond Estate sales prospectus.

Alternatively, they asked the court to appoint an independent contractor to complete the infrastructure and bill the developer.

Also, they are seeking an order, confirming the ownership of estate infrastructure and common areas such as roads, children’s playgrounds, recreation/ green areas; whether developer can sell, seize or build on those common areas at will. 

They are praying for quality of service and to determine if residents who pay for and receive services should not be involved in deciding the type, quality and cost of services provided and by whom as well as whether the services in Diamond Estate must be managed by only one company forever even if the quality of service is unacceptable.

They also want the court to compel the developer to issue a more humane copy of deed of assignment that respects the rights of both the seller and the buyer. Such should have no clause as to Code of Conduct.

However, in a statement of defence, the defendants averred that the claimants have not constituted themselves into a body where 1st claimant nominated as the chairman of such body. 

The defendant also claimed that it does not need the consent of the claimant or any other person to nominate a facility manager to mange its estate known as Diamond Estate, Ajah Lagos State. 

The defendants also averred that Alliance Mortgage consortium limited is the owner of all parcel of lands situated at Sangotedo, Lekki sub-region Eti Osa area of Lagos state, known and referred to as Diamond Estate. 

It therefore stated that it had succinctly spelt out the terms and conditions for owing a property and living in Diamond Estate.  

“The 2nd defendant averred that it has been using the service charge paid by residents of the estate to maintain and sustain infrastructural facilities provided by the 1st defendant for the residents of the estate. 

However, when the matter was called before Justice Ganiyu Safari, the defendants were absent in court and were not represented. 

The judge therefore ordered the claimant’s counsel to communicate hearing date to the defendants. He subsequently adjourned till December 5, 2018 for trial.

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