Judiciary blocks Lagos seizure of deceased man's widow's property

A recent ruling by Justice E.O. Ashade of a Lagos State High Court in Yaba has barred the Lagos State Government and four other defendants from interfering with or taking possession of a disputed property in Lekki Peninsula Scheme I, which belongs to an 80-year-old widow, until a motion on notice is heard.

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The court's interim order was granted in a suit filed by Chief H.A.K. Shonowo, who is suing on her own behalf and on behalf of her late husband's estate, with the defendants including the Lagos State Government, the Attorney-General of Lagos State, the Governor of Lagos State, Mr Gary Sanusi, and Dillon Consultants Nigeria Limited.

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Chief Shonowo, represented by her lawyer Babatunde Oni (SAN), argued that the defendants' actions had caused her significant hardship, and she urged the court to protect the property until the main suit is determined.

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The disputed property consists of 11 units of four-bedroom terrace houses, three units of three-bedroom flats, one two-bedroom flat, and a commercial shop, all built on approximately 4,000/4,300 square metres of land at Block 113, Plot Health Centre, Lekki Peninsula Scheme I, Eti-Osa Local Government Area of Lagos State.

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Justice Ashade found that the claimant had presented sufficient grounds for the interim relief, stating that he could not find any compelling reasons to deny the application, and instead found the arguments presented by the claimant's lawyer to be meritorious.

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The judge noted that it is essential for parties involved in a pending case to refrain from taking actions that could impact the court's ability to hear the matter, citing the principle that parties should not do anything to affect the court's jurisdiction while a case is ongoing.

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Justice Ashade also warned that if the defendants were not restrained, their actions could hinder the court's ability to determine the suit, leading to the court's decision to restrain the defendants from interfering with the property.

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The court specifically restrained the defendants from taking possession of, reassigning, transferring, or otherwise dealing with the claimant's alleged right to possession of the property, pending the hearing of the motion on notice.

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Additionally, the court ordered the fourth and fifth defendants not to hand over the disputed property to any person until the pending application is determined.

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As a condition for the interim injunction, the claimant was directed to file an undertaking in the sum of N1m to indemnify the defendants if it is later found that the order ought not to have been granted.

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According to court documents, the claimant and her late husband were initially allocated a 7,312.865 square metre parcel of land in 1996 under a Certificate of Occupancy issued by the Lagos State Government, but the government revoked this right of occupancy through a letter dated October 7, 2020.

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The government later reallocated 4,000 square metres of the land to the claimant, with a subsequent survey determining the actual size of the land to be approximately 4,300 square metres, as stated in a letter dated May 17, 2021.

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The claimant accepted this allocation and entered into a joint venture agreement with the fourth and fifth defendants to develop the property, with the developers tasked with constructing 22 units of four-bedroom terrace houses, six units of three-bedroom flats, and two units of two-bedroom flats.

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Under the agreement, the claimant was entitled to 11 units of the four-bedroom terrace houses, three units of the three-bedroom flats, one two-bedroom flat, and a commercial shop, while the remaining units would belong to the developers.

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Construction began in 2021, with the claimant's share of the completed development expected to be delivered by August 31, 2023, but she alleged that the developers failed to hand over her allocated units despite repeated demands since December 2025.

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The claimant further alleged that on March 27, 2026, the fifth defendant informed her via WhatsApp that the Lagos State Government intended to take over the entire 4,000/4,300 square metres of reallocated land.

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Justice Ashade has adjourned the matter until July 9, 2026, for the hearing of the motion on notice.