A Federal High Court sitting in Kaduna has restrained the Kaduna State government from stopping a property development firm from enjoying its rights over properties situated at Plots 292067 and 292070, No. 2 8 Muhammadu Buhari Way (Waff Road), Kaduna State.
The order, granted on February 21, 2023, was in favour of a property development firm, Hall 7 Real Estate Limited.
In an originating summons attached to the ex parte application, the firm is asking for an order nullifying and setting aside the “Notice of Revocation/Withdrawal of Right of Occupancy” over the subject properties as well as the letter dated 17 October, 2022 and entitled “Re: Building Permission S/N. 1460 purporting to withdraw the Building Permission granted to the Applicant on the properties, for being unconstitutional, null and void, and of no effect whatsoever.
It also asked for an order directing the Kaduna State government to pay N5,000,000,000.00 (Five Billion Naira) to the Applicant as compensation/damages for the violation of its Fundamental Right to its Properties stated above.
The applicant 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 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.
It also states 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 this suit, the Kaduna State government proceeded with its plans to alter and destroy the subject matter of this Suit; and thereby, overreach the instant Application and render the proceedings before the court nugatory.
Further hearing in the case has been adjourned to 15 March, 2023 for hearing of the originating motion.
