The Lagos State High Court has restrained further demolition, excavation and construction activities on a disputed property located at 168 Broad Street, Lagos Island, following allegations that part of the premises had been demolished and the property taken over.Courts & Judiciary
Justice Yetunde Adesanya issued the pre-emptive order following an application by Dr. Abimbola Adebowale, who claims ownership of the property and alleged that Taiwo Ige Yusuf and other defendants had taken possession and begun preparations to develop the land.
The dispute arose after the Lagos Island Local Government issued a 48-hour enforcement notice directing occupants of the property to vacate and remove containers and other structures described by the council as illegal.
The notice, dated August 6, 2026, and signed by Ojora A.O. on behalf of the Council Engineer, warned that failure to comply within 48 hours could result in enforcement action under applicable laws and regulations.
According to Adebowale, the situation escalated after the notice, with the defendants allegedly forcefully ejecting tenants, partly demolishing the structure and barricading the premises with aluminium zinc in preparation for further demolition and construction.
She argued that urgent court intervention was necessary to prevent the property from being substantially altered before the parties could complete the pre-action protocol required under the Lagos State High Court rules.Courts & Judiciary
In an 11-paragraph affidavit filed in support of the application, Babatunde Bello, a staff member of United Capital Trustee Limited, stated that the company had managed the property since 2016 without disturbance until the alleged recent encroachment.
Bello said Adebowale appointed United Capital Trustee Limited as trustee of her properties through a Deed of Trust dated August 8, 2026.
He further alleged that on August 19, 2026, the defendants forcefully ejected tenants from the premises without prior notice or the claimant’s consent and partly demolished the structure during the night.
He said the property was subsequently barricaded with aluminium zinc, allegedly to facilitate the complete demolition of the remaining structure and the commencement of construction.
Through her counsel, Waheed Isiaka of KISAB Solicitors & Attorneys, Adebowale asked the court to preserve the property pending full compliance with the applicable pre-action protocol.
She relied on Orders 1 and 2 of Practice Direction No. 2 of 2019, which empower the court to grant pre-emptive remedies where necessary to prevent irreparable damage or serious mischief before substantive proceedings are commenced.
In her ruling, Justice Adesanya held that the applicant had satisfied the conditions required for the grant of the pre-emptive remedy.
The judge said an applicant seeking such protection must establish that irreparable damage or serious mischief was likely to occur if the order was refused, attach a Memorandum of Claim, demonstrate an urgent need to preserve the subject matter and explain why the pre-action protocol had not yet been completed.
Justice Adesanya found that the requirements had been met through the affidavits, Memorandum of Claim and exhibits presented before the court.
The court consequently restrained Yusuf, the unidentified defendants, their privies, agents and proxies from completely demolishing, dissipating, excavating or carrying out construction activities on the property pending full compliance with the required pre-action procedure.
However, the judge stressed that the order was temporary and conditional and did not constitute a determination of the substantive dispute over ownership or possession of the property.
Adebowale was directed to complete the pre-action protocol within the timelines prescribed by the High Court of Lagos State (Civil Procedure) Rules 2019 and Practice Direction No. 2 of 2019.
Justice Adesanya further warned that the protective order would lapse if the applicant failed to comply with the prescribed timelines.