Court orders substituted service of summons against Abuja firm over land legal battle
A High Court of the Federal Capital Territory (FCT) has ordered a substituted service of a Writ of Summons against an Abuja-based firm, Kafak Enterprises Limited, involved in a legal battle over ownership of a property in the Kukwaba District of Abuja.
To compel the company’s appearance in court, Justice F. E. Messiri ordered that the Court Summons be pasted on the wall of the property in dispute to attract the company’s attention.
Justice Messiri issued the substituted service order against the firm following its persistent refusal to accept Court Summons to appear before the Court to defend itself in a suit filed against it regarding ownership of the property in the FCT.
The suit, marked FCT/HC/Gar/M/1369/24, was brought against the firm, the FCT Minister Nyesom Ezenwo Wike, and another company, Magic 4 You Enterprises Limited, as the 1st to 3rd defendants, respectively, in the legal battle.
An aggrieved company, Standard Grains Limited, through its counsel, Dr. Reuben Okpanachi Atabo, a Senior Advocate of Nigeria, instituted the court action seeking the determination of the real owner of the property in dispute.
The property in question is described in the court order signed by Justice Messiri as Plot 565/BOO District Recreational Park, Kukwaba District, Abuja.
Delivering a ruling in an ex-parte application of the claimant, Justice Messiri also directed that the Court Summons be pasted on the wall of the 3rd defendant, Magic-4-You Enterprises Limited, at 58 Adetokunbo Ademola Crescent, Wuse, Abuja.
The court summons are to be pasted on the walls of the 1st and 3rd defendants along with other processes related to the case.
The judge granted the claimant’s request that the substituted service shall be deemed valid and proper to compel the attendance of the defendants in court.
The ex-parte application, brought pursuant to Order 7 Rules 11 of the FCT High Court civil procedures, followed the refusal of Kafak Enterprises Limited to accept service of court summons regarding the suit against it concerning the disputed property.
Justice Messiri, after granting the order of substituted service of the court summons, fixed October 30 for the hearing of the suit regarding the disputed property.
