A firm, Brains & Hammers Limited and its Chief Executive Officer, Mr Adebola Sheidu, have been dragged before a Lagos State High Court, by two of its clients, J. Ajagbe and G.E Ogie, over the company’s alleged breach of contract.
The claimant alleged respondents of infraction and failure to deliver agreed properties to them since 2019.
The claimants in their originating motion exparte numbered LD/6115GCM/2022, filed by their lawyer, Adetunji Adedoyin-Adeniyi, stated that they subscribed to the properties described as Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London.
The property, being one unit of five bedroom fully detached duplex with a maid’s room situated at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 4 February 2019 and Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one unit of four bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 14 August 2019; to which they have completed payments in line with their respective offer letters issued by the first defendant.
The claimants state that the first defendant, Brains & Hammers Limited has refused to issue requisite documents evidencing the transfer of proprietary interest in the properties which are the subject matter of this suit to them upon their failure to accede to the imposition of price variation costs by the defendant, which is not in compliance with the contracts executed between them and the defendant vide their respective offer letters dated 4 February 2019 and 14 August 2019 respectively.
The claimants also alleged that the defendant has prevented them from having access to their properties which they finished with their personal monies as the units were sold to them as semi-finished (carcass) which is the subject matter of this suit. And that despite huge cost implications and investment on the property, the claimants and their families have not been able to access their personal belongings, clothes, children’s school books, and personal gadgets and have put the claimants in a difficult situation as all their properties are in their respective units.
The defendants despite being served with the motion on notice for interlocutory injunction, are yet to file any defence.
Meanwhile, Justice Olumuyiwa Oluseun, sitting as the vacation judge, has fixed 15th September 2022, for report.
The claimants are as a result of the foregoing asking the court for “a pre-emptive order among other orders of injunction restraining the defendants whether by themselves, their affiliate and or sister companies or entities, their directors, officers, servants, agents, assigns or privies and or however called in relation to the defendants, from disturbing, interfering, disposing of, transferring, selling, assigning, revoking or dealing with the first claimant’s property described as Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London.
The claimants also asked the court for “a declaration that the contract entered between them and the first defendant with respect to Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five {5} Bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 4th February 2019 and Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four {4} Bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 14th August 2019 offered and accepted by the Claimants is valid and subsisting.
“A declaration that the first defendant’s imposition of 20 percent price variation on the property offer price levied on the first Claimant and 10 percent price variation on the property offer price levied on the second claimant as contained in the first defendant’s letter dated February 4, 2019 and August 14, 2019 respectively are null and void.”