A Federal Capital Territory High Court in Abuja on Thursday restrained two estate development companies, Paulo Homes Ltd and Titan Castles Nigeria Ltd, from trespassing on a plot of land in Abuja.
Justice A.S. Adepoju issued the order while delivering a ruling on an ex-parte application filed by Jonah Capital Nigeria Limited.
Jonah Capital, through the ex-parte application, sought an interim injunction to restrain the two firms pending the hearing and determination of issues concerning Plot No. 4, Cadastral Zone LO5, Lugbe West, Abuja.
In the ruling, Justice Adepoju stated that the two firms, “whether by themselves, their agents, servants, employees, privies, assigns, or any other persons howsoever described, are hereby restrained from deploying manpower, clearing, setting out, digging, constructing, and/or erecting any building whatsoever, or from committing acts of trespass on the piece of land located at Sector Centre and Cluster 5A, situated within Plot No. 4, Cadastral Zone LO5, Lugbe West, Abuja, measuring approximately 70 hectares and 15 hectares respectively, pending the hearing and determination of the motion on notice for interlocutory injunction filed herein.”
An affidavit deposed by Jonah Capital’s CEO, Kojo Mensah Ansah, in support of the application, urged the court to issue the order.
He appealed to the court to “Intervene, without which the 1st and 2nd defendants (Paulo Homes and Titan Castles) will dispose of the subject matter of the suit to unsuspecting members of the public, thereby foisting a state of fait accompli on the honourable court.”
He further stated that if the application is not granted and the 1st and 2nd defendants destroy the subject matter, they would be unable to compensate the claimant/applicant in damages.
He added, “If this application is not granted and the claimant/applicant succeeds in the substantive suit, the judgment therein may be rendered nugatory.”
Upon granting the reliefs sought by the applicant, the judge adjourned the matter to February 3 for further hearing.
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