Ise-Oluwa Ige
3 November 2008
An Abuja high court, last Friday, granted an interim injunction stopping construction works on a multi-million naira complex in the FCT belonging to former Information Minister, Chukwuemeka Chikelu.
The Chief Judge of the FCT High Court, Justice Lawal Gummi, granted the order in a civil suit filed by Bedding Holdings Limited against Chikwelu Companies, Jimel Company Ltd and Matterson Properties Ltd.
Construction works in the multi-million Naira project located at Plot 527, Cadastral Zone A7, Wuse District measuring 4428.28 square metres were said to have been nearly completed by the former Minister.
"The report of the Registrar of this court dated May 7 following my directive that he should investigate and report back to me showed that the building has already reached an advanced stage with electrical works.
"In this circumstance, it appears to be necessary to maintain the status quo "ante-bellum" so that the character of the subject matter in dispute should not be continuously altered to the detriment of the applicant (Bedding Holdings) if in the long run it succeeds.
"On the whole, I find that the applicant herein has made out a good enough case for the grant of the order of interlocutory injunction."
"It is accordingly ordered that the defendants either by themselves, their agents or privies or any person acting through them are hereby restrained from further trespassing, alienating, disposing or tampering with or doing anything whatsoever in the plot pending the determination of the substantive suit," Gumi ruled.
Also named as defendants to the suit are the FCT Minister, Federal Capital Development Authoruty (FCTA) and Alhaji Dahiru Manga, an associate of President Umaru Yar'Adua.
Bedding Holdings through its counsel, Chief Milton Ohwovoriole (SAN) filed the suit contending that it is the bona fide owner of the legal and equitable rights and interest in and over the said plot.
The plaintiff alleged the defendants were trespassing on the land by building illegal structure thereon with a view to altering the building plans it has for the land.
In the Statement of Claim, the Managing Director of Beddings Holdings, Chief Sylvester Odigie said that he bought the land in his company's name sometime in 2004 from one Chief Mike Inegbese, who transferred his rights and interest through an irrevocable Power of Attorney. "The title in respect of the plot was originally vested in Messrs Eastern Shop vide a Certificate of Occupancy Number FCT/ABU/MISC 1196 dated November 13, 2004," he said.
"Messrs Eastern Shop later divested its interest in the land to Messrs Mac Davinson International Ltd. who in turn subsequently transfered its rights and interest over the land to Iegbese whom the plaintiff purchased the land from," the Statement of Claim read.
The plaintiff contended that after buying the land from Inegbese, it applied in May, 2005, to the FCTA for recertification and re-issuance of the Certificate of Occupancy.
The plaintiff lawyer said that FCTA duly accepted the application and a sum of N2,721.420 was paid in September 2005 for the Title Regularization/Violation bill.
The plaintiff further said that development was carried out in the land by building foundation up to Damp Proof Course level and wall fence erected round it adding that the development was confirmed by FCTA on the Regularization bill issued to it on September 29, 2005.
The plaintiff claimed that the plot was later sold to Alhaji Dahiru Manga at a sale price of N125 million through his lawyer Shehu Wada and Co.
"Much after the conclusion of the sale transaction in October 2005, the plaintiff became aware in December 2005 that FCTA had purportedly revoked the land by a Notice of Revocation dated October 2005.
FCTA purportedly revoked the plot on the ground that the grace period granted for the develoment of the land had expired.
The plaintiff, however, claimed that "no period of grace was ever given by the FCTA in respect of the land in dispute and there was no previous warning given in respect of the land with regard to the development".
"It is unreasonable to expect completion of development of the land within two months having regard to the fact that the Title Regularization/Violation Bill for the sum of N2,721,420 was issued in August 2005 and paid September 2005," the plaintiff said.
Follwing the purported revocation, Manga was said to have demanded for the refund of the N125 Million paid and reported the case to the EFCC.
The EFCC subsequently picked up Odigie (Plaintiff's Director) and he was allegedly locked up in Kuje prison for 57 days without trial.
A case on the abuse of the plaintiff's fundamental right and a demand for N150 million compensation against the EFCC is pending before Justice Ishaq Bello, also of Abuja High Court.
In a Statement of Defence and Counter Claim filed by Chikwelu's lawyer, Victor Eki, he contended that his client through his companies applied for and obtained approval for the disputed land from FCTA
Eki said that after paying the requisite processing fee of N958,462.44, a letter dated March 17, 2006 conveying the approval of the land to the companies was issued by the FCTA.
"The 4th and 5th defendants have been in physical and unhindered possession of the parcel of land and have invested in development of the property over the period the sum of ove N300 million.
"The fund and resources expended in the development of the Plot was raised by a loan granted by Guaranty Trust Bank in the sum of N300 million," Eki said in an affidavit attached to the Statement of Defence.
Eki said that when Manga attempted to enter in to the land, and found that his client were already developing it, a dispute arose which was later reported to the FCTA.
FCTA in resolving the dispute was said to have allowed Chikwelu's companies to retain the land and "relocated Manga to another plot of land of a bigger size but for same purpose of shopping complex in Maitama District of FCT.
Manga was relocated by FCTA, to a plot along Zambezi Crescent, off Aguiyi Ironsi Street, Adjacent to the National Human Rights Commission Headquarters, Maitama.
Eki contended that the plaintiff has no locus standi to initiate the suit having relinquished its title to the land to Manga by sale and transfer of its interest on the land.
He urged the court to dismiss the suit and hold that his clients are the lawful and beneficial owners of the plot.
Be the first to Write a Comment!
Copyright © 2008 Vanguard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
