
The Lagos High Court sitting at the Tafawa Balewa Square, Lagos Island has dismissed a suit by 15 subscribers of various units of apartments being constructed by Fourscore Heights Limited in three high-rise buildings at 44BCD, Gerrard Road, Ikoyi, Lagos.
Justice Olabisi Akinlade dismissed the suit for being statute-barred having been filed out of time.
One of the buildings, Block B (consisting of 21-storeys) collapsed on November 1, 2021, killing 46 persons including the Managing Director of Fourscore Heights Ltd, Mr Femi Osibona, while 15 other persons were rescued alive.
In September 2022, 15 subscribers of the building sued the Governor of Lagos, Babajide Sanwo-Olu; his Attorney General, Mr Moyosore Onigbanjo; and the State’s Ministry of Physical Planning and Urban Development. They also joined the State’s Building Control Agency and a private firm, Edge of Design Ltd, all of whom they listed as the first to fifth defendants/applicants in their suit.
The 15 subscribers including a Senior Advocate of Nigeria, Wemimo Ogunde, were all listed as claimants/applicants in the suit.
Through their lawyer, Ogalagu Harrison, they told the court that because of the collapse and the subsequent takeover of the construction site and prevention of further works in respect of the 2nd & 3rd towers, they had not been able to take benefits of the equitable interests that have accrued to them after having paid or part paid for several units of flats in the three towers.
The claimants among other things asked the court to declare that the defendants cannot benefit from their negligence by compulsorily, wrongfully, illegally and punitively acquire or threaten to acquire the property.


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