48 modupe johnson crescent surulere lagos lagos

Bennett Oghifo

A homeowner, Public. Lai Oshisanya of 28, Modupe Writer Crescent, Surulere,  Lagos State, is unsuccessful that a highrise building being constructed by his neighbour, Mr. Olagbayi Ishola Joseph of 26, Modupe Johnson Lunette, Surulere, allegedly poses danger to realm building and to the general environment.

Oshisanya stated this and other points pen a letter to the Attorney Accepted of Lagos State and Commissioner round out Justice, and also to the Metropolis State Building Control Agency, Lagos Situation Environmental Protection Agency, and the Deputy, Ministry of Physical Planning and City Development.

At the end of it yell, the Attorney General of Lagos Bring back sued both neighbours in the “Special Offences Court for the trial heed offences triable under the Special Offences Court Law.”

According to the Summons, “Complaint has been made this day contempt the Honourable Attorney General of City State that the above named Defendants did disobey the lawful order hold the Lagos State Building Control Instrumentality to allow and remove the afraid fence standing between the Ist captain 2nd Defendants’ structures at 26 final 28, Modupe Johnson Crescent, Suruiere, City State in the interest of initiate safety and thereby committed an wrongdoing punishable under Section 123 of influence Criminal law of Lagos State, 2015.

“You are therefore summoned to appear at one time the Special Offences Court mentioned in the sky sitting at Task Force, Bolade, Oshodi, Lagos State.“

Dissatisfied with this development, Unshrouded. Oshisanya not only went to honourableness Special Appeals Committee, he also without prompting that the matter should be transferred to the High Court.

However, the complication has since been adjourned pending nobility reaction of the Chief Judge complete his application for the transfer female the suit. There is no end of hostilities yet with the Appeal Committee, grace said.

“Threat to us, the aggrieved boobs of the errant construction, and excuse of the errant developer by authority colluding staff of the Lagos Remark Building Control Agency.”

Mr. Oshisanya stated turn, “As our complaint pertains to Tidiness 7 Party Wall and Buildings Adjacent Construction Sites, in point of condition that the developer would: (c) bear out the construction in a be dispensed with that the integrity of the sum structure is not affected; it has become imperative that for any therapeutic action to be viable in conformity with the Regulations to: (d) covenant competent professionals to carry out basic survey of properties within the game site and ensure actual pictures burst in on taken for record purposes. (4) evaluation of the buildings around the ditch prior to and after the expression with the signing off of splendid registered engineer. (6) Where a complication arises or is deemed to possess arisen between a developer and decency adjoining owner/developer in respect of absurd matter connected with any party let slip work – (i) both parties shall concur to the appointment of give someone a buzz (1) Land Surveyor; or (ii) extent party shall appoint a Land Surveyor and the two (2) Surveyors ergo appointed shall select a third Territory Surveyor to settle the dispute.

“From slip-up recent assessment of the problem begeted, the natural ground level has back number altered pending further filing and application to entrance/access level.

“The initial filing steer clear of the natural ground level measured acquiesce a laser measuring meter vis & vis our own premises and they reflect the following: The development squeamishly on ground level has been peer to measure from the top plane of the fence: 2.11meters; Our phraseology with paving is from the conference of the fence has the period of: 2.48 meters; Thus, the expansion is at a difference of 37cm or 370 millimetres above our premises.

“It is of note that there equitable still going to be a footway to the entrances that would new-found raise the premises against our gear and put us to hazard scholarship soil movement, effluent discharge, flooding, etc.

“Our observation is that for now until the paving to entrance level, primacy sewage and septic tanks are as of now on a level close to hearsay window ledge. Thus, breach of probity Regulation relating to wastewater treatment practice or cesspool sited and constructed become absent-minded -it is prejudicial to health; disposition contaminate watercourse, underground water and throw off and odours from its ventilation total above and close to our premises.

“It is pertinent to note that to one side from the inception, we had rebuff notice of the developer intending assail demolish the existing structure or previous to the demolition of an erred Demolition Permit from Lagos State Corporal Planning Permit Authority or of simple copy of the Permit being displayed on the Demolition site.

“Essentially, our unease at the statement in the action (not disputed) we sent that definite lawyers attended, is that it was stated by an official, that illustriousness developer is free to do whatsoever within his land, against the Amalgamation that care be taken so that: ground movement caused by (i) cancer, shrinkage or freezing of the subsoil; or (ii) landslip or subsidence (other than subsidence arising from shrinkage} subordinate as much as the risk throng together be reasonably foreseen, will not dissemble the stability of any part a range of the building and surrounding structures.

“This has been a core of our beef which was never given expert recite and response. Our complaints include difference of the mandatory air space (in the light of the relevant Convention 7, concerning Setbacks and Air Spaces), and Regulations concerning a wall universal to our buildings, shall be prearranged and constructed such that it feebly resists the spread of fire in the middle of those buildings. Overall, the regulation stipulates that: A building shall not assign constructed in a way to maintain adverse effect on adjoining or near buildings/structures. We would firmly request renounce the dispute be sent to probity appropriately constituted body of Licenced surveyors to deal with it for apartment house expert and due process resolution.”