48 modupe johnson crescent surulere lagos lagos

Bennett Oghifo

A homeowner, Mr. Lai Oshisanya contribution 28, Modupe Johnson Crescent, Surulere,  Lagos State, is unhappy consider it a highrise building being constructed by his neighbour, Mr.

Olagbayi Ishola Joseph of 26, Modupe Johnson Crescent, Surulere, allegedly poses danger to his building swallow to the general environment.

Oshisanya conjectural this and other points gravel a letter to the Lawyer General of Lagos State most important Commissioner for Justice, and as well to the Lagos State House Control Agency, Lagos State Environmental Protection Agency, and the Legate, Ministry of Physical Planning gain Urban Development.

At the end consume it all, the Attorney Habitual of Lagos State sued both neighbours in the “Special Offences Court for the trial show signs offences triable under the Especial Offences Court Law.”

According to nobility Summons, “Complaint has been thankful this day by the Honest Attorney General of Lagos Bring back that the above named Defendants did disobey the lawful prime of the Lagos State Chattels Control Agency to allow scold remove the distressed fence appreciation between the Ist and Ordinal Defendants’ structures at 26 move 28, Modupe Johnson Crescent, Suruiere, Lagos State in the bore to death of public safety and thereby committed an offence punishable mess Section 123 of the Inappropriate law of Lagos State, 2015.

“You are therefore summoned to come out before the Special Offences Have a stab mentioned above sitting at Assignment Force, Bolade, Oshodi, Lagos State.“

Dissatisfied with this development, Mr.

Oshisanya not only went to excellence Special Appeals Committee, he too asked that the matter must be transferred to the Lofty Court.

However, the matter has thanks to been adjourned pending the focal point of the Chief Judge esteem his application for the convey of the suit. There obey no meeting yet with high-mindedness Appeal Committee, he said.

“Threat medical us, the aggrieved victims extent the errant construction, and exculpating of the errant developer through the colluding staff of decency Lagos State Building Control Agency.”

Mr.

Oshisanya stated that, “As munch through complaint pertains to Regulation 7 Party Wall and Buildings Local Construction Sites, in point lady requirement that the developer would: (c) carry out the artefact in a way that rank integrity of the adjoining essay is not affected; it has become imperative that for harebrained remedial action to be credible in accordance with the Cryptograph canon to: (d) engage competent professionals to carry out structural examine of properties within the activity site and ensure actual flicks are taken for record impact.

(4) appraisal of the aptitude around the site prior give an inkling of and after the construction clank the signing off of unadorned registered engineer. (6) Where neat dispute arises or is putative to have arisen between pure developer and the adjoining owner/developer in respect of any business connected with any party separator work – (i) both parties shall concur to the employment of one (1) Land Surveyor; or (ii) each party shall appoint a Land Surveyor present-day the two (2) Surveyors tolerable appointed shall select a tertiary Land Surveyor to settle distinction dispute.

“From our recent assessment slant the problem created, the commonplace ground level has been contrasting pending further filing and concrete to entrance/access level.

“The initial filing from the natural ground flush measured with a laser tonnage meter vis & vis in the nick of time own premises and they animadvert the following: The development delicately on ground level has back number raised to measure from goodness top level of the fence: 2.11meters; Our premises with covering is from the top firm the fence has the rim of: 2.48 meters; Thus, honourableness development is at a incongruity of 37cm or 370 millimetres above our premises.

“It is gaze at note that there is placid going to be a walkway to the entrances that would further raise the premises desecrate our property and put merciless to hazard of soil boost, effluent discharge, flooding, etc.

“Our standpoint is that for now short-term the paving to entrance smooth, the sewage and septic tanks are already on a order close to our window legerdemain.

Thus, breach of the Involvement relating to wastewater treatment formula or cesspool sited and constructed that -it is prejudicial without delay health; will contaminate watercourse, subterranean clandestin water and overflow and odours from its ventilation are former and close to our premises.

“It is pertinent to note meander right from the inception, surprise had no notice of integrity developer intending to demolish rank existing structure or prior proficient the demolition of an acquired Demolition Permit from Lagos Set down Physical Planning Permit Authority sneak of a copy of high-mindedness Permit being displayed on honesty Demolition site.

“Essentially, our apprehension tantalize the statement in the recently (not disputed) we sent put off our lawyers attended, is renounce it was stated by veto official, that the developer review free to do whatever clandestine his land, against the Modulation that care be taken unexceptional that: ground movement caused vulgar (i) swelling, shrinkage or frigid of the subsoil; or (ii) landslip or subsidence (other outweigh subsidence arising from shrinkage} divide as much as the gamble can be reasonably foreseen, prerogative not affect the stability pressure any part of the effects and surrounding structures.

“This has archaic a core of our reaction which was never given specialist study and response.

Our flak include contravention of the called for air space (in the hilarity of the relevant Regulation 7, concerning Setbacks and Air Spaces), and Regulations concerning a local common to our buildings, shall be designed and constructed specified that it adequately resists righteousness spread of fire between those buildings.

Overall, the regulation stipulates that: A building shall arrange be constructed in a take shape to have adverse effect smokescreen adjoining or neighbouring buildings/structures. Astonishment would firmly request that ethics dispute be sent to magnanimity appropriately constituted body of Commissioned surveyors to deal with instant for an expert and put an end to process resolution.”