A Federal Capital Territory (FCT)
High Court has ordered the demolition of a developer 7 units of five-bedroom
duplex worth N350 million each from a piece of land in Abuja.
The total N2.5bn property belongs
to a White Diamond Property Development Company.
The court also awarded the sum of
N10million as damages against the property development company as penalty for
encroaching on a piece of land belonging to Trade Wheels Limited.
Justice Peter Kekemeke ordered
the developer to remove all structures or building erected on the land, as well
as building materials, sands and gravels at its expense.
In a 22-page judgment delivered
on the 15th June 2017, Justice Kekemeke held that Trade Wheels has proved
beyond reasonable doubt that the defendant encroached on its land.
“It is my view that the plaintiff
has proved that the defendant trespasses in its land, and I so hold,” he said.
The court consequently issued an
order of perpetual injunction restraining White Diamonds and its agent from
further encroaching on the land or in any way or manner interfere with the
statutory rights and interests over the said property.
Counsel to the defendant, A.O.
Okpalah, had argued that his client in 2010 applied to the then Minister of the
Federal Capital Territory for an extension land, to cover the landed property
in contention.
He also argued that, his client,
by a letter dated 3/12/2010 requested for an extension of the plot of land in
contention and same was granted by the minister via a letter dated 19/3/2010.
However, the court observed that
the evidence tendered by the defendants witness, Rabiu Isiaku, supports the
plaintiffs case, noting that his testimony was a clear admission of trespass.
“In his evidence, the witness
stated that he was granted the subject matter by the Hon. Minister of the FCT.
In my view, once a Certificate of Occupancy is produced, it is a prima ficie
evidence of title.”
“The land, the subject matter of
this suit was allocated to the plaintiff on the 19th day of October, 1994,
while the defendants land was granted to it on the 2nd day of November, 2010.
The above evidence supports the Plaintiff’s case. It is a clear admission of
trespass. In my view, the plaintiff has established exclusive possession vide
exhibits A and A1,” the Court held.
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