Court stops Kaduna govt from taking over property
A Federal High Court in Kaduna on Tuesday restrained the Kaduna State Government from stopping a property development firm from enjoying its rights over the property situated at plots 292067 and 292070, No. 2 8 Muhammadu Buhari Way (Waff Road) in Kaduna.
The order obtained by journalists in Abuja was granted in favour of a property development firm, Hall 7 Real Estate Limited.
Justice H. R. Shagari stopped the state government from taking more steps in connection with the said plots of land pending the hearing and determination of the originating motion filed alongside the exparte application for interim injunction, also ordered parties to maintain status quo antebellum.
In an originating summons attached to the exparte application, the firm is asking for an order nullifying and setting aside the “Notice of Revocation/Withdrawal of Right of Occupancy” over the subject property as well as the letter dated October 17, 2022 and titled, “Re: Building permission S/N. 1460 purporting to withdraw the building permission granted to the applicant on the property, for being unconstitutional, null and void, and of no effect whatsoever.
It also asked for an order directing the Kaduna State government to pay N5billion to the applicant as compensation/damages for the violation of its Fundamental Right to its Properties stated above.
It also asked for an order of perpetual injunction restraining Kaduna State government from interfering with and or continuing to interfere with the Applicant’s enjoyment of its rights, interests and investments on the said properties.
The applicant company said it was not given any fair hearing in the processes leading to the purported revocation/withdrawal of its Rights of Occupancy and Building Permission.
The applicant also said that it was not paid any compensation in that regard as mandatorily required by Sections 36(1) and 44(1) of the 1999 Constitution (as amended).
The applicant stated that notwithstanding the pendency of the suit, the Kaduna State government proceeded with its plans to alter and destroy the subject matter of this suit, and thereby, overreached the instant application and render the proceedings before the court nugatory.
Further hearing in the case has been adjourned till March 15, 2023 for hearing of the originating motion
