The Lagos State High Court sitting in Igbosere has ordered a temporary halt to demolition, excavation and construction activities at a disputed property located at 168 Broad Street, Lagos Island.
Justice Yetunde Adesanya granted the protective order following an application by Dr Abimbola Adebowale, who told the court that the property was at risk of further demolition and redevelopment without her authorisation.
Adebowale alleged that part of the building had already been pulled down after Taiwo Yusuf allegedly took possession of the premises and began preparations for further construction.
The dispute reportedly followed a 48-hour enforcement notice issued by the Lagos Island Local Government on August 6, 2026, directing occupants to leave the property and remove containers and other structures deemed unauthorised by the council.
The notice, signed by A. O. Ojora on behalf of the council engineer, warned that non-compliance would lead to enforcement action under applicable laws and regulations.
According to Adebowale, the council’s intervention was followed by the forcible eviction of some tenants and the nighttime demolition of part of the building.
She further alleged that aluminium zinc sheets were subsequently erected around the premises, allegedly to shield further demolition and construction activities from public view.
In an affidavit filed in support of the application, Babatunde Bello, a staff member of United Capital Trustee Limited, said the company had managed the property since 2016 and that no dispute had arisen over its management before the alleged encroachment.
Bello said Adebowale appointed United Capital Trustee Limited as trustee of her properties under a Deed of Trust dated August 8, 2026.
He alleged that on August 19, the defendants removed tenants from the premises without giving prior notice to Adebowale or obtaining her approval, before demolishing part of the building.
The affidavit further stated that the property was subsequently barricaded with aluminium zinc sheets in what was described as preparations to demolish the remaining structure and commence construction.
Adebowale’s counsel, Waheed Isiaka of KISAB Solicitors & Attorneys, urged the court to preserve the property while the applicant completed the applicable pre-action protocol.
The application was brought under Orders 1 and 2 of Practice Direction No. 2 of 2019, which empower the court to grant pre-emptive relief where refusing such protection could result in irreparable damage or serious injustice.
In granting the order, Justice Adesanya said an applicant seeking such protection must establish the likelihood of irreparable damage or serious mischief if the order was not made.
The judge also said the applicant was required to provide a Memorandum of Claim, demonstrate the urgency of preserving the subject matter and account for any failure to fully comply with the pre-action protocol.
Justice Adesanya held that Adebowale had satisfied the requirements through the affidavits, Memorandum of Claim and exhibits placed before the court.
The court consequently restrained Yusuf, the other defendants, and their agents, privies and proxies from undertaking any further demolition, excavation or construction on the disputed property.
They were also barred from taking any action capable of dissipating, altering or otherwise changing the state of the premises pending compliance with the pre-action protocol.
However, the judge stressed that the order was temporary and conditional.
She directed Adebowale to complete the pre-action protocol within the period 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 automatically lapse if the applicant failed to fulfil the stipulated requirements within the prescribed period.
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