Olusegun Ariyo
An Abuja High Court has given an order of interim injunction restraining the Minister of Federal Capital Territory (FCT), Nyesom Wike, and others from selling a landed property.
Nyesom Wike, Minister of the Federal Capital Territory of Nigeria
The property is located at Plot No. 4411, Cadastral Zone A09, Guzape District, Abuja.
Justice Mohammed Zubairu made the order following an ex-parte motion moved by counsel to the applicant, Reuben Atabo, SAN.
Although the motion ex-parte, marked: M/16807/2024, was moved by Atabo on Monday, its certified true copy was made available on Tuesday, December 24, 2024.
Justice Zubairu, who is a vacation judge, held that he was inclined to grant the application as prayed in the interest of justice and the spirit of fair hearing.
“The interim order of injunction is to last for few days pending when all parties are served and appear before this court for the hearing of the motion on notice.
“Consequently, an order of interim injunction is hereby made restraining the defendants/respondents whether by themselves or agents. privies, servants, workmen and any person howsoever called acting on their behalf from trespassing into and interfering with the claimant’s exclusive possession of the property.”
He said the order subsisted pending the hearing and determination of the motion on notice.
“In the same vein, prayers 2, 3 and 4 are granted as prayed,” he added.
The judge, who directed that the motion on notice already filed before the court be served on all the defendants, adjourned the case until Dec. 30 for a hearing of the substantive suit.
In the motion ex-parte dated and filed Dec. 16, the applicant, Nextdora Nigeria Limited, sued Mr Eric Anyamene Nnamdi, Hajiya Bilikisu Mallam, FCT Minister, and Federal Capital Development Authority (FCDA) as the first and fourth defendants, respectively.
The company sought four interim orders which were granted.
The fourth relief is an order of Interim injunction restraining the defendants from developing or assigning the properly lying and situated at Plot No.4411, Cadastral Zone Ao9, Guzape District, Abuja, which is covered by a Right of Occupancy with File No. MISC 128232 or any portion thereof to a third party pending the hearing and determination of the motion on notice.
The company, in a motion on notice filed on Dec. 16 and marked CV/5517/24, sued the four defendants, praying the court to bar them from selling its landed property, among other things.
The writ of summons sought seven reliefs, including a declaration that the claimant is the title holder of the property lying and located at Plot No. 4411, Cadastral Zone A09, Guzape District, Abuja.
