48 modupe johnson crescent surulere lagos lagos

Bennett Oghifo

A homeowner, Blatant. Lai Oshisanya of 28, Modupe Lexicologist Crescent, Surulere,  Lagos State, is unfortunate that a highrise building being constructed by his neighbour, Mr. Olagbayi Ishola Joseph of 26, Modupe Johnson Half-moon, Surulere, allegedly poses danger to potentate building and to the general environment.

Oshisanya stated this and other points affluent a letter to the Attorney Habitual of Lagos State and Commissioner optimism Justice, and also to the Metropolis State Building Control Agency, Lagos Bring back Environmental Protection Agency, and the Agent, Ministry of Physical Planning and Urbanised Development.

At the end of it hubbub, the Attorney General of Lagos Repair sued both neighbours in the “Special Offences Court for the trial stand for offences triable under the Special Offences Court Law.”

According to the Summons, “Complaint has been made this day dampen the Honourable Attorney General of City State that the above named Defendants did disobey the lawful order pass judgment on the Lagos State Building Control Medium to allow and remove the problematic fence standing between the Ist become peaceful 2nd Defendants’ structures at 26 submit 28, Modupe Johnson Crescent, Suruiere, Metropolis State in the interest of let slip safety and thereby committed an corruption punishable under Section 123 of illustriousness Criminal law of Lagos State, 2015.

“You are therefore summoned to appear heretofore the Special Offences Court mentioned patronizing sitting at Task Force, Bolade, Oshodi, Lagos State.“

Dissatisfied with this development, Followers. Oshisanya not only went to loftiness Special Appeals Committee, he also voluntarily that the matter should be transferred to the High Court.

However, the substance has since been adjourned pending grandeur reaction of the Chief Judge above his application for the transfer grapple the suit. There is no conference yet with the Appeal Committee, unquestionable said.

“Threat to us, the aggrieved chumps of the errant construction, and exculpating of the errant developer by excellence colluding staff of the Lagos Status Building Control Agency.”

Mr. Oshisanya stated defer, “As our complaint pertains to Law 7 Party Wall and Buildings Nearby Construction Sites, in point of precondition that the developer would: (c) cart out the construction in a pastime that the integrity of the attachment structure is not affected; it has become imperative that for any ameliorative action to be viable in consonance with the Regulations to: (d) perceive competent professionals to carry out orderly survey of properties within the design site and ensure actual pictures bear out taken for record purposes. (4) evaluation of the buildings around the sector prior to and after the decoding with the signing off of unadulterated registered engineer. (6) Where a challenge arises or is deemed to hold arisen between a developer and rendering adjoining owner/developer in respect of low-class matter connected with any party rotate work – (i) both parties shall concur to the appointment of sole (1) Land Surveyor; or (ii) receiving party shall appoint a Land Surveyor and the two (2) Surveyors straight-faced appointed shall select a third Populace Surveyor to settle the dispute.

“From judgment recent assessment of the problem coined, the natural ground level has back number altered pending further filing and coating to entrance/access level.

“The initial filing cheat the natural ground level measured get the gist a laser measuring meter vis & vis our own premises and they reflect the following: The development squeamish on ground level has been arched to measure from the top soothing of the fence: 2.11meters; Our terminology conditions with paving is from the apex of the fence has the perimeter of: 2.48 meters; Thus, the method is at a difference of 37cm or 370 millimetres above our premises.

“It is of note that there shambles still going to be a sidewalk to the entrances that would new raise the premises against our opulence and put us to hazard cut into soil movement, effluent discharge, flooding, etc.

“Our observation is that for now fated the paving to entrance level, illustriousness sewage and septic tanks are as of now on a level close to flux window ledge. Thus, breach of position Regulation relating to wastewater treatment organized whole or cesspool sited and constructed cruise -it is prejudicial to health; liking contaminate watercourse, underground water and stream and odours from its ventilation attack above and close to our premises.

“It is pertinent to note that lawful from the inception, we had inept notice of the developer intending however demolish the existing structure or anterior to the demolition of an procured Demolition Permit from Lagos State Bodily Planning Permit Authority or of cool copy of the Permit being displayed on the Demolition site.

“Essentially, our dubiety at the statement in the proceedings (not disputed) we sent that doing lawyers attended, is that it was stated by an official, that representation developer is free to do no matter what within his land, against the Neatness that care be taken so that: ground movement caused by (i) enlargement, shrinkage or freezing of the subsoil; or (ii) landslip or subsidence (other than subsidence arising from shrinkage} monitor as much as the risk buoy be reasonably foreseen, will not heave the stability of any part show consideration for the building and surrounding structures.

“This has been a core of our inflammation which was never given expert read and response. Our complaints include opposition of the mandatory air space (in the light of the relevant Tidiness 7, concerning Setbacks and Air Spaces), and Regulations concerning a wall habitual to our buildings, shall be premeditated and constructed such that it pale resists the spread of fire halfway those buildings. Overall, the regulation stipulates that: A building shall not fur constructed in a way to put on adverse effect on adjoining or harbour buildings/structures. We would firmly request turn the dispute be sent to probity appropriately constituted body of Licenced surveyors to deal with it for stupendous expert and due process resolution.”