LawPavilion Issues Disclaimer on Misleading Publication On Supreme Court Judgment On Estate Associations

LawPavilion Business Solutions has issued a strong disclaimer regarding a report circulating online titled, “Supreme Court Gives Landmark Judgment on Community–Estate Development Associations Issue.” The widely circulated  report which falsely allege that the Supreme Court of Nigeria has ruled that all residents are bound by the rules and regulations of estate resident and development associations was attributed to  LawPavilion.

LawPavilion has dissociated itself from the report on which our story on the issue was based.

LawPavilion clarified that the case referred to in the article, FAMAKINWA & ORS V. ODOFIN OLOJA ESTATE RESIDENTS’ ASSOCIATION & ORS (2016) LPELR-41066(SC), was never reported or published by the platform. Furthermore, it stated that the correct citation linked to the number LPELR-41066 corresponds to OKAFOR V. LAGOS STATE GOVERNMENT & ANOR (2016) LPELR-41066(CA), a judgment by the Court of Appeal, not the Supreme Court as claimed in the report.

LawPavilion emphasized that the judgment in question is unrelated to the issues of Community or Estate Development Associations, as was suggested in the misleading report attributed to it. Instead, the case focuses on the enforcement of fundamental rights, which makes the claim of a “landmark judgment” on community estate matters wholly inaccurate.

As a company committed to “Accelerating Access to Justice Through Technology,” LawPavilion strongly advised readers and users of the erroneous content to refrain from citing or using the publication in any form. The legal platform has urged that all those who came across the misleading report to be cautious and await official, verified pronouncements related to such matters.

In response to the confusion, LawPavilion reassured its audience of its commitment to transparency and accuracy. It also urged anyone seeking clarification to reach out through its official communication channels for further information, “for readers and legal professionals seeking authoritative content, LawPavilion promises to provide accurate updates and reliable information regarding the legal landscape and court decisions in the future”.

 

The “Landmark Judgement” on the Power of Estates Association 

A “landmark ruling” on membership of estate associations and the limits on their powers to levy charges on residents of estates does exist. This ruling concerns “Megawatts Nig Ltd (the claimant) against the Registered Trustees of Gbagada Phase 2 Residents’ Association (the defendant)”. The  Federal High Court in Lagos ruled on September 25, 2020 that residents of estates cannot be compelled to join or pay dues to residents’ associations.

Justice Nicholas Oweibo, presiding over the case, examined Sections 40 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which guarantee the rights to freedom of assembly and association.

 

 

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