Alleged Breach of Contract: Clients Drag Firm, Brains & Hammers, CEO To Court

A firm, Brains & Hammers Limited and its Chief Executive Officer, Mr Adebola Sheidu, have been dragged before a Lagos State High Court, by two of its clients, Messrs J. Ajagbe and G.E Ogie, over the company’s alleged breach of contract, infraction and failure to deliver the properties the duo started paying for since 2019.

The claimants in their originating motion exparte filed by their lawyer, Adetunji Adedoyin-Adeniyi of AAA Chambers, stated that they subscribed to the properties described as Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five {5} Bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated February 4, 2019, and Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four {4} Bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated August 14, 2019; to which they have completed payments in line with their respective offer letters issued by the first defendant.

The claimants state that the first defendant, Brains & Hammers Limited, has refused to issue requisite documents evidencing the transfer of a proprietary interest in the properties which are the subject matter of this suit to them upon their failure to accede to the imposition of price variation costs by the defendant, which is not in compliance with the contracts executed between them and the defendant vide their respective offer letters dated February 4, 2019, and August 14, 2019, respectively.

The claimants also alleged that the defendant has prevented them from having unhindered access to their properties which they finished with their personal monies as the units were sold to them as Semi-finished (carcass) which is the subject matter of this suit. And that despite huge cost implications and investment on the property, the claimants and their families have not been able to access their personal belongings, clothes, children’s school books, and personal gadgets and have put the claimants in a difficult situation as all their properties are in their respective units.

The claimants alleged further that the defendants have used the Nigerian Police Force to continue to invite, harass, interrogate, question, intimidate and hound them. And that there is an alleged threat from the defendant to the extent that the defendants have purportedly issued an imminent threat to the claimants to revoke and sell the properties which they finished with their own monies thereby permanently depriving them of their proprietary rights to the said properties.

Consequently, the claimants are asking the court for “a pre-emptive order of injunction restraining the Defendants whether by themselves, their affiliate and or sister companies or entities, their directors, officers, servants, agents, assigns or privies and or however called in relation to the defendants, from disturbing, interfering, disposing, transferring, selling, assigning, revoking or dealing with the first claimant’s property described as Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five {5} Bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated February 4, 2019; and the second claimant’s property described as Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four {4} Bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated August 14, 2019,pending the Claimants’ compliance with the Lagos State High Court Practice Directions No.2 of 2019 on Pre-action Protocol, and or submission of the dispute subject matter of this suit to the Lagos State Multi-Door Courthouse.

“A pre-emptive order of injunction restraining the defendants whether by themselves, their affiliate and or sister companies or entities, their directors, officers, servants, agents, assigns or privies and or however called in relation to the defendants, from disturbing and or interfering with the claimants’ possession of the first claimant’s property described as Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five {5} Bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated February 4, 2019 and the second claimant’s property described as Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four {4} Bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated August 14, 2019 and/or taking any steps whatsoever inimical to their occupation of the referenced properties, pending their compliance with the Lagos State High Court Practice Directions No.2 of 2019 on Pre-action Protocol, and or submission of the dispute subject matter of this suit to the Lagos State Multi-Door Courthouse.

“A Pre-emptive order of injunction restraining the defendants, their privies, agents and/or their deputies, assistants and all other officers under their control and command, servants from further using the office of the Nigerian Police or any other law enforcement agencies in harassing, interrogating, questioning, inviting, arresting, intimidating and hounding them and their agents or representatives in any manner whatsoever, pending their compliance with the Lagos State High Court Practice Directions No.2 of 2019 on Pre-action Protocol, and or submission of the dispute subject matter of this suit to the Lagos State Multi-Door Courthouse.

The claimants also ask the court for the following reliefs: “a declaration that the contract entered between them and the first defendant with respect to Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five {5} Bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 4th February 2019 and Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four {4} Bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the offer letter dated 14th August 2019 offered and accepted by the Claimants is valid and subsisting.

“A Declaration that the first defendant’s imposition of 20 percent price variation on the property offer price levied on the first Claimant and 10 percent price variation on the property offer price levied on the second claimant as contained in the first defendant’s letter dated February 4, 2019, and August 14, 2019, respectively are null and void.

“A declaration that the first defendant’s purported revocation of the Claimants’ ownership of Unit D04 Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of five {5} Bedroom fully detached duplex with a maid’s room situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the first defendant’s letter dated September 1, 2022, and Unit T6-09A Coopest Beach Resort Estate, Behind NICON Town Osapa London, being one Unit of four {4} Bedroom terrace with domestic quarters situate at Shell Coopest Resort Estate, Lekki, Lagos as contained in the first defendant’s letter dated September 1, 2022, respectively are null and void.

“An order of specific performance compelling the defendants to immediately prepare and execute in favour of the Claimants the Deed of Assignments transferring to the first Claimant the property described as Unit D04 Coopeast Beach Resort Estate behind NICON Town Osapa London being the One Unit of Five Bedroom fully detached duplex with a maid’s room situate at shell Coopeast Resort, Lekki, Lagos State as contained in the first defendant’s offer letter dated February 4, 2019, and the property described as Unit T6-09A Coopeast Beach Resort Estate behind NICON Town Osapa London being One Unit of Four Bedroom terrace with domestic quarters situate at shell Coopeast Resort, Lekki, Lagos State as contained in the first defendant’s offer letter dated August 14, 2019, to the second Claimant with immediate effect.

“An order of specific performance compelling the Defendants to strictly perform their obligations under the terms of the Contract of sale agreement with immediate effect.

“An order of perpetual Injunction restraining the defendants, their agents, privies, assigns from disturbing, interfering or disposing of, transferring, selling, assigning or dealing with the 1st Claimant’s property described as Unit D04 Coopeast Beach Resort Estate behind NICON Town Osapa London being the One Unit of Five Bedroom fully detached duplex with a maid’s room situate at shell Coopeast Resort, Lekki Lagos State as contained in the first defendant’s offer letter dated February 4, 2019, and the second claimant’s property described as Unit T6-09A Coopeast Beach Resort Estate behind NICON Town Osapa London; being One Unit of Four Bedroom terrace with domestic quarters situate at shell Coopeast Resort, Lekki Lagos State as contained in the first defendant’s offer letter dated August 14, 2019, allocated to the Claimants being the owners of the properties.

The defendants despite being served with the motion on notice for interlocutory injunction, but yet to file any defence

Meanwhile, Justice Olumuyiwa Oluseun, Who is sitting as the vacation judge, has fixed next week Thursday, September 15, 2022, for the report.