Court Orders Firms FCTA to Maintain Status Quo on Property

Court Orders Firms FCTA to Maintain Status Quo on Property
Court Orders Firms FCTA to Maintain Status Quo on Property

Africa-Press – Nigeria. A Federal Capital Territory, FCT, High Court sitting in Gwarimpa has ordered parties to maintain status quo in a dispute over a property located at Plot 859A, Cadastral Zone B03, Wuye District, Abuja.

The property, measuring approximately 70,000m2 is subject of litigation in two suits numbered FCT/HC/GWD//49/2026 and FCT/HC/CV/216/2026.

The suit are between a property firm, Goldenbird Investment Limited (claimant) and Promiseland Building and Construction Limited, Lawrence Emmanuel and the Federal Capital Territory Administration, FCTA, who are 1st, 2nd and 3rd defendants, respectively.

In suit no. FCT/HC/CV/216/2026, between Promiseland Building and Construction Limited & 2 Ors V. Goldenbird Investment Limited & Anor., the court, presided over by Justice Lesley N. B. Wike, ordered parties to maintain status quo after counsel to the plaintiff, Dr. Lilian Ojimma, complained to that despite the pendency of the matter, Promiseland Building & Construction, aided by officers and men of the Nigeria Police, forcefully took possession of the land and commenced construction of fence and other building activities, as well as marketing the property to subscribers.

In the statement of claim filed by O. C. Ali, Esq., dated January 22, 2026, the claimant stated that it was granted a lease of 50 years on the land in 2007 by the Federal Capital Territory Administration and for which it has complied with the terms and paid ground rent and all necessary fees imposed by government.

The company added that it paid compensation to the natives/indigenes on the land before it took possession in 2007 and has put the land to the permitted and approved use since then without any incident.

The claimant stated that sometime in 2025, the ministerial vetting team of the Federal Capital Development Authority, FCDA, commenced a process of vetting/verification of documents issued to parks operators and it duly complied and submitted all documents for vetting/verification. The claimant also stated that FCDA had claimed that the essence of the exercise was to sanitize Green Areas in conformity with the Abuja Master Plan and the Parks and Recreation Policy that requires development of not more than 18 percent of the total land area.

It noted that while the exercise was still ongoing, the FCT minister, without due process, sub-divided the plot and granted same to Promiseland and its sister companies, who forcefully took possession of part of the land and started development activities thereon, while suits filed by the parties are pending.

Goldenbird averred that in the process of taking over possession of the land for private estate development, Promiseland destroyed properties developed on the land by the claimant with due approval from the Department of Development Control.

While the suit by Promiseland lays claim to the land based on the recent allocation by the FCT minister, the claimant on its part, prayed the court for an order directing the eviction of the 1st and 2nd defendants, their workmen, agents and privies or any occupant at their instance, on the property.

The claimant also prayed the court for an order of perpetual injunction preventing the defendants, including their agents, workmen and privies, or any occupant at their instance from further interfering with its legal, beneficial, equitable interest and peaceful possession of the land.

The claimant equally prayed for an order of perpetual injunction restraining the 3rd defendant from perfecting any title to plot 859A, Bo3, Cadestral Zone, Wuye measuring approximately 70.000m2 or any part thereof in favour of the 1st and 2nd defendants.

The claimant noted that as an investment company in Nigeria, it invested in the Federal Capital Territory in 2007, when it applied for the allocation of a recreational land/green area for management and development.

It further stated that upon approval of its application, it executed a Deed of Sub-Lease of Recreational Facilities /Parks with the Abuja Metropolitan Management Agency, Federal Capital Territory Administration, dated the 10th day of July 2007.

The claimant decried that the FCDA completely jettisoned the vetting exercise it initiated and the unexpired lease on the land that was designed as Green Area under the Abuja Master Plan and granted the land to private companies for residential purpose.

The company, through its counsel, stated that: “The Claimant avers that the Deed of Sublease and letter of intent granted to the Claimant title over Plot 859A, Bo3 Cadastral Zone, Wuye District, and FCT Abuja, measuring approximately 70,000m’ for 50 years.

“The Claimant avers that the company immediately took over possession of the land and paid full compensation to all the indigenes and natives resident in the land, to be permitted to fall trees and develop the land in compliance with government directives and that their unexpired term of lease right over Plot 859A, Bo3 Cadastral Zone, Wuye District, and FCT Abuja, measuring approximately 70,000m’ stands at 31 years at the time of instituting this suit.

“The Claimant avers that the entire Plot 859A, Bo3 Cadastral Zone, Wuye District, FCT Abuja measuring approximately 70,000m’ is currently preserved and developed by the claimant as a Green Area and operated under the name Golden Bird Park, the usage features an event center wherein a temporary marquee has been erected on the land, and gazebos.

“The Claimant avers that the company successfully applied for building approval to develop the entire park inclusive, (Plot 859A) and same was approved on the 6th August 2015 and 25th August 2016 by the Abuja Metropolitan Management Council, Development Control department.”

The Claimant avers that their interest and possession of Plot 859A, Bo3 Cadastral Zone, Wuye District, and FCT Abuja, measuring approximately 70,000m2 is valid and that the forceful entry of the 1st and 2nd Defendants and their workmen, agents and privies into Plot 859A, Bo3 Cadastral Zone, Wuye District, FCT Abuja measuring approximately 70,000m’ amounts to trespass to land.”

Reliefs sought by the claimant includes a declaration that by virtue of the Letter of Intent dated the 3rd July, 2007 and 10th September, 2014 and the Deed of Sublease executed between the claimant and the 3rd defendant on the 10th day of July 2007, the claimant possess a 50 years lease right over Plot 859A, Bo3 Cadastral Zone, Wuye District, FCT Abuja, measuring approximately 70,000m2 with an unexpired term of 31 years still valid and subsisting.

It also asked the court to declare that by the virtue of the title documents in their possession issued by the 3rd defendant and physical occupation of Plot 859A, Bo3 Cadastral Zone, Wuye District, FCT Abuja measuring approximately 70,000m’ since the year 2007, the claimant has valid title for the possession and development of Plot 859A, Bo3 Cadastral Zone, Wuye District, FCT Abuja.

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