By Vivian Okejeme, Abuja
Justice E. Okpe of a Federal Capital Territory High Court, has ordered that a real estate firm, KYC Interproject Limited, be sealed off pending the hearing and determination of a suit filed by Arodiogbu Enterprises Limited.
The court also restrained the company and it’s managing director, Michael Ayuba Auta, from tampering with or selling two plots of land located at KYC Homes, Delarogue City, Guzape District, Abuja.
Ruling on an exparte motion filed by Ugo Nwofor, the court granted an order to serve the processes in the matter on anyone in the, office of the respondent.
The claimant, through his lawyer in suit number CV/HC/CV/6941/2023 prayed the court to grant the following reliefs:
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 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.
In the exparte order granted by the court, Justice Okpe held, “An Order of Interim Injunction is granted restraining the defendants either by themselves, their servants, agents, privies and friends howsoever called or named from tampering with, disposing, selling the two plots known as and called Plots 1 and 2, at KYC HOMES PHASE 3, 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, Property) Guzape District Abuja FCT for the purposes of protecting 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 2™ Defendant the processes in this suit by serving him through and by any person in the office of the 1” 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.”
Trouble began for the protpety firm and its MD when an Upper Area Court in Abuja, ordered investigation involving 200m.
The investigation is sequel to an order of the court over alleged N200M paid to Mr Michael Ayuba Auta and his company by Arodiogbu Enterprises Ltd.
Meantime, the matter is adjourned till 9th August, 2023.
