By Vivian Okejeme, Abuja
Three firms have told a High Court of Justice of the Federal Capital Territory (FCT) that a land situated at Plot 505, Cadastral Zone B04, Jabi District, Abuja, for the purpose of an estate development, was awarded to Asea Brown Boveri Limited illegally.
The firms, Rosenrot Limited, First Real Properties Limited and Switches Nigeria Limited, in their response to the suit filed by Asea Brown Boveri LimitedLimited, said due, process was not followed in the allocation of land to the plaintiff in the matter (Asea Brown Boveri Limited)
The plaintiff had dragged the firms to court alongside the minister of FCT and Federal Capital Development Authority, FCDA, claiming ownership of an area formerly designated as ‘open space/green area’ behind the ABBNG
Estate.
The property is where the luxury Estate known as ABBNG Estate is located, along Mike Akhigbe Street, Jabi, Abuja.
In a case with Suit No. FCT/HC/CV/2383/15, pending before the High Court of the Federal Capital Territory, Maitama, Abuja, Asea Brown Boveri Limited, through its lawyer, Abdul Hakeem Mustache SAN, is claiming ownership of the property.
Plot 505 Cadastral Zone B04, Jabi District, Abuja was granted to Asea Brown Bover Limited in 1993 by the Minister of the Federal Capital Territory for private Estate development.
However, the Certificate of Incorporation from the Corporate Affairs Commission (CAC) shows that Asea Brown Boveri Limited was registered in 2011.
Some of the defendants, through their lawyer, Dr. Lilian O. Ojimma, of O’J Law Consult, are challenging the allocation of Plot 505, Cadastral Zone B04, Jabi District, Abuja to the plaintiff on the ground that the allocation is a nullity.
It is important to note that, in Nigeria, the Land Use Act does not recognize grant of land to unregistered company.
The grant of land in the Federal Capital Territory is a contract between the Minister of the Federal Capital Territory and the Allottee who should be a person recognised by law is governed by the Land Use Act.
Part of the claims in the suit pending before Honourable Justice Olukayode Adeniyi of the FCT high court are “A Declaration of Court that the grant of Plot 505, Cadastral Zone B04, Jabi District, Abuja, to the Claimant (Asea Brown Boveri Limited) vide Offer of Terms of Grant/Conveyance of Approval dated 8/09/1993, and evidenced by Certificate of Occupancy No. FCT/ABU/MISC/11142 dated 31/10/1994 is invalid same having been granted when the Claimant was an unregistered company.” Upon this declaration, the Court is also called upon to grant “An Order of Court invalidating, setting aside and nullifying the grant of Plot 505, Cadastral Zone B04, Jabi District, Abuja, to the Claimant vide Offer of Terms of Grant/Conveyance of Approval dated 8/09/1993, and evidenced by Certificate of Occupancy No. FCT/ABU/MISC/11142 dated 31/10/1994 same having been granted to the Claimant as an unregistered company.”
ABBNG Estate is fully built and occupied by people who will be affected by the outcome of this case after being decided one way or the other
The case has been adjourned to 7th March 2024, for continuation of hearing.
