An Abuja based real estate firm has been sealed off by a High Court of the Federal Capital Territory, FCT pending the determination of a dispute over the sale of a N200 million property.
Nigeriacrime.com learned that the order followed an ex-parte application that was brought against the firm, KYC Interproject Limited, by the plaintiff, Arodiogbu Enterprises Limited.
Trial Justice E. Okpe, after he had listened to counsel to the Claimant, Mr. Ugo Nwofor, directed the service of all the court processes on anyone in the office of the Respondent.
The court further restrained the property firm and its Managing Director, Mr. Michael Auta, from tampering with or selling two plots of land located at KYC Homes, Delarogue City, Guzape District, Abuja.
The Claimant had in the suit marked: CV/HC/CV/6941/2023, specifically prayed the court for; “A declaration that by virtue and considering the terms and the express provisions of the agreement called as and known as Contract Between Arodiogbu Enterprises Ltd and KYC Interproject Limited dated and Notarised on 30th June 2023 and attached hereto, the Defendants are bound to process and hand over the Certificate of Occupancy and Building Approval over the property contemplated in the Contract agreement otherwise known as and called Plots 1 and 2, at KYC Homes Phase 3, KYC Delarogue City, more particularly, known as Plots 1 and 2 (KYC Homes Phase 3, KYC Delarogue City, properties) Guzape District Abuja, FCT.”
“A declaration that by virtue and considering the intendment and the express provisions of the Contract agreement dated 30 June 2022 and known as the contract between Arodiogbu Enterprises Ltd And KYC Interproject Limited, between the Parties, and considering the given principle of law that parties are bound by the terms of their contractual agreement, the continuous refusal of the Respondent to hand over the title documents being the Certificate of Occupancy as well as the Approval Plan and other title documents to the Claimant, even after repeated demands, is unconscionable, unconstitutional, unjust, ultra vires and therefore null and void.”
Meanwhile, the court, upon hearing the ex-parte application, issued an order of interim injunction, “restraining the defendants either by themselves, their servants, agents, privies and friends howsoever called or named from tampering with, disposing of, selling the two plots known as and called Plots 1 and 2, KYC Homes Phase 3, KYC Delarogue City, more particularly, known as Plots 1 and 2 (KYC Homes Phase 3, KYC Delarogue City, properties) Guzape District Abuja, FCT, whereas the subject matter is before this Honourable Court and pending the hearing of the motion on Notice.”
“An order of this Honourable Court is granted for sealing the property known as and called Plots 1 and 2, at KYC Homes Phase 3, KYC Delarogue City, more particularly, known as Plots 1 and 2 (KYC Homes Phase 3, KYC Delarogue City, properties) Guzape District Abuja, FCT, to protect the subject matter of this suit pending the hearing of the Motion on Notice.
“An order of this Honourable Court is also granted to the claimant to serve the 2nd Defendant the processes in this suit by serving him through and by any person in the office of the 1st defendant at suit B201/A108 Garki Mall, Damaturu Crescent, off kabo Street Garki 2.
“Matter is adjourned to 09/08/2023 for hearing of substantive Motion,” Justice Okpe held