A Federal Capital Territory (FCT) High Court sitting in Bwari, Abuja, has restrained the Federal Housing Authority (FHA) and AIBEN Properties Ltd from encroaching on a property located along 5th Avenue, 52 Road, Gwarinpa Il Estate, Abuja, belonging to Tolwu Integrated Properties Ltd.
The court, headed by Justice M. A. Madugu, issued the order on 6th January, 2026.
Tulwu Integrated Properties Ltd had approached the court in a Suit No: FCT/HC/BW/CV/227/25, and Motion No: M/16887/25, for an order restraining FHA and AIBEN from encroaching on the land until the determination of the case.
In his judgment, Justice Madugu ruled that, "Upon reading the notion ex parte along with accompanying affidavit of Benjamin Silas, including the exhibits and the written address filed with the application; and upon hearing Abdul-Aziz E. Ibrahim (SAN), counsel to the claimant/applicant, this court hereby makes the following order(s):
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"The parties herein shall maintain the status quo in respect of the parcel of land along 5th Avenue, 52 Road, Gwarinpa Il, Phase I, Abuja, pending the hearing of the motion on notice with Ref. No: M/16886/25."
The judge further adjourned the case to 21st January, 2026, for the hearing of the motion on notice with Ref. No. M/16886/25."
Tulwu Integrated Ltd said the case started when AIBEN Properties Limited encroached on the land and carved out about 6,000 square metres, allegedly with the backing of FHA officials.
Following the alleged encroachment and demolition of parts of the land's fence by the FHA and AIBEN, the firm rushed to the court and obtained an order from the FCT High Court on July 1, 2025, restraining the defendants.
Despite the court order, on December 15, 2025, armed police officers accompanied by FHA officials went to the land and demolished its fence again, during which the company's pregnant managing director was allegedly assaulted.
After the demolition, the rival developer moved equipment onto the land at night and commenced excavation, prompting it to seek further court injunctions.
The crux of the dispute is the size of the land allocated at 5th Avenue, 52 Road, Gwarinpa Estate.
While the FHA claims the original allocation was 16,000 square metres, with an alleged illegal encroachment of an additional 6,000 square metres, Tulwu Integrated Ltd insists that official documents clearly show the land measures about 22,000 square metres after survey.
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According to the company, the land was initially allocated by the FHA to Savannah Suites & Restaurant Ltd and later assigned to Tulwu Integrated Ltd via a consent letter dated March 13, 2013. It added that subsequent surveys and FHA approvals revised the land area to over 22,000 square metres.
"The allocation letter itself stated that the land size was subject to survey, and after survey, the area was clearly stated as over 20,000 square metres," the company said.
Tulwu Integrated Ltd also cited a Change of Use approval issued by the FHA in July 2023, which, it said, expressly recognised the land size as 22,017.233 square metres.
The firm said that since acquiring the land in 2013, all official correspondence, billings and receipts from the FHA consistently reflected the larger land size.
The company added that in May 2025, it applied for development approval, submitting architectural and engineering designs, which were vetted and approved by relevant FHA departments. However, it alleged that the FHA failed to issue the bill required for payment to commence development.
