By Ayobami Ife, Abeokuta
Owners of buildings in Treasure Park & Gardens, City of David Estate, Simawa, Ogun State, a residential estate developed by Adron Homes & Properties Limited have dragged the company, its owner and facility management firm to court over disputes on maintenance of facilities in the estate.
Mr Olabode Lukman Cole and 30 other aggrieved property owners, who filed the suit, averred in their statement of claim that the real estate company is treating them like tenants whereas they bought the pieces of land outright from Adron Ltd., built their houses and also paid for development of amenities in the estate, thereby making them co-owners.
They claimed that the company invited them to buy the land with a promise to hand over the estate to property owners after completion. They stated that the company made it clear that it was an estate developer, not an estate manager.
Contrary to the understanding, however, Adron has taken over maintenance of facilities in the estate, and even imposed a facility management company on them, they stated. They averred further that the company takes unilateral decisions on maintenance of facilities and imposed a security outfit on them while ignoring the well organized residents association established by the property owners which had been smoothly coordinating maintenance services through committees.
The resident association, according to them, is registered with the government.
The claimants stated that Adron Ltd. offered to provide stable electricity to address epileptic power supply in the area by constructing a 33KV dedicated electricity line that would provide minimum of 20 hours supply daily. They stated that residents paid for the facility, adding that the company thereafter introduced its own prepaid meters without involvement of the government designated Ibadan Electricity Distribution Company (IBEDC) which statutorily distributes electricity to the area.
The claimants said Adron Ltd. is selling electricity at the rate of N231.45/kwh which is N21.95 kobo per kwh above the government approved rate of 209.50/kwh. They added that in spite of paying higher than government approved rate, power supply to the estate became erratic towards the end of year 2022. They said all efforts to make the company rise up to its duty were fruitless as it shifted the blame to IBEDC.
In response, they stated that the company issued a June 5, 2023 release with which it started imposing decisions on the management of the estate that do not promote the wellbeing of landowners. The decisions, they claimed, promote different types of extortion and make life unbearable for them.
For instance, they stated that the company withdrew name plates of some landowners who had paid for streets to be named after them. They also stated that without consultation, the company and its owner were perfecting plans to introduce access cards to gain entrance to the estate with a promise to use it to prevent any landowner that does not agree with the unilateral management of the estate.
They added that the owner of the company Mr Adetola Emmanuel King was constantly maintaining the position that his company owns the estate, adding that he could do whatever pleases him on it.
When the situation grew worse, the landowners took the matter to Ogun State Multi-door Court House, pointing out that the company and its owner refused to sign the agreement reached at the mediation centre.
Consequently, they prayed the court for a declaration that having purchased the land outright and paid for development of the facilities, they are not tenants and should not be treated as tenants. They want a declaration that the company does not have the right to take unilateral decisions in managing the estate such as appointment of security outfit and personnel in the estate, restrictions of access of landowners through introduction of access code, naming of streets, and naming of facilities paid for by landowners.
They also asked the court for a declaration that Adron lacks the vires to be vending electricity tokens to the
them in the estate without having a requisite licence from the Nigerian
Electricity Regulatory Commission (NERC), among others.
But the team of lawyers from Afe Babalola (SAN) (Emmanuel Chambers) in defence, denied the claims, saying Adron Ltd. did not sell land to them with the understanding that they would own the estate. the team led by Ola Faro stated that contrary to the landowners’ claim, the company bought the land, constructed perimeter fence, estate gate, the layout and graded roads before selling to the property owners. The team added that the infrastructure fees charged were for the usage and maintenance of the facilities, assuring of making details of expenses on the infrastructures as well as the fees collected available to the court.
The defence lawyers also insisted that the terms of purchase was that Adron would manage the estate, not the landowners as contained in the Deed of Restriction/Management and letters of
provisional allocation of plots.
On electricity supply issue, defence lawyers averred: “From the inception of the estate, she requested for individual
prepaid meter for the residents but Ibadan Electricity Distribution Company insisted that being an estate, Treasure Parks and Gardens will only be given a dedicated priority line referred to as 33KV A line. IBEDC notified the 1« Defendant that the entire estate will be
on a central metering system while the residents will vend for electricity from the
management of the estate.”
The team averred that the company invested millions of Naira on the acquisition of the 33KVA line and related infrastructures. The defence team stated that by mutual agreement, a third party company was thereafter engaged to manage the electricity supply to the estate which vends to residents.
Meanwhile, Justice M. Akinyemi had on March 10, 2015 ordered that parties in the case should maintain status quo pending the determination of the suit. But the company went to disconnect electricity of many landowners among the claimants early in May over claims of failure to pay an allegedly imposed N250,000 annual facility maintenance levy.
The development prompted the landowners to file for contempt on May 15.
