Hearing in the suit filed against the Chairman of Lekki Gardens, Richard Nyong, and one of his estate development companies, Lekki Garden Limited, by 20 homeowners will commence on January 8, 2019.
The case is in the Lagos High Court.
Nyong and his company, according to the court papers made available to journalists, allegedly violated the layout of the Horizon Premier-1 Estate in Lekki.
Nyong and his company are accused of converting children playground and areas reserved for recreation and greening to commercial use without regard for comfort, safety and security of the estate residents.
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The homeowners also alleged that rather than complete the estate and deliver it to subscribers, the Lekki Gardens boss was particular about the commercial structure, which has since commenced operations, while basic facilities such as potable water are still lacking in the estate.
The 33 units in the estate were sold in 2015 with a pledge by the developer to hand over completed houses to subscribers in 2016.
The homeowners insisted that the action of Nyong and his company was a breach of the sale contract, noting that the layout and brochure with which the estate was marketed to subscribers made clear provision for playground, recreation and green areas among other facilities.
In the brochure, a copy of which was made available to journalists, facilities promised by the developer included “club house with beautiful pool, basketball and tennis courts, a gym, children’s playground, tree-lined walks and nooks, pocket parks, green areas and manicured gardens.”
None of the listed facilities is provided and the hope of subsequent provision of the facilities was dashed with the conversion of the allocated space to commercial use in the estate as currently developed.
Efforts to make Nyong and his company adhere to the original plan proved abortive, one home owner who pleaded anonymity said.
The company, the home owner stated, had subsequently advertised the sale of shops and office spaces created from the converted space despite some of the correspondences from their office claiming that the structure was offices for the estate facility.
It would be recalled that a six-storey building at Ikate Elegushi area of Lekki belonging to the developer collapsed on March 10, 2016 during construction, killing over 30 people and injuring many others.
The company and its promoters, including Nyong, are currently facing criminal charges in a Lagos High Court for the incident, having been accused of negligence and deliberate violation of the original plan of the collapsed building.
Following the incident and buyers’ apathy towards the Lekki Gardens brand, Nyong set up new property development companies to advance his business.
The companies include Meridian Park Estate Limited, Horizon Estate Limited and Foreshore Waters (Signatoria) Limited.