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 & Lagos State Physical Planning Permit Authority – Suit No: FHC/L/CS/755/2021 was struck out on Tuesday the 10th of August 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 without full disclosure to the Federal High Court of subsisting material facts in respect and Foreshore Waters from continuing with their developments within the Estate 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 the Company 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, Honorable Justice I. N. Oweibo also awarded costs against the Association in favour of Lekki Gardens.