A High Court in the Federal Capital Territory (FCT) has issued a restraining order against an Abuja-based real estate firm, KYC Interproject Limited, as part of an ongoing dispute involving the sale of a property worth N200 million.
The court’s decision came in response to an ex-parte application filed by Arodiogbu Enterprises Limited, the plaintiff in the case. Trial Justice E. Okpe, after considering the arguments presented by Mr. Ugo Nwofor, the Claimant’s counsel, directed that all relevant court documents be served on representatives of the Respondent.
The court’s injunction prevents the property firm, along with its Managing Director, Mr. Michael Auta, from interfering with or selling two specific plots of land situated at KYC Homes, Delarogue City, Guzape District, Abuja.
The suit, with the reference CV/HC/CV/6941/2023, seeks specific declarations from the court. It requests a declaration affirming that the Defendants are legally obligated, based on a contract dated and notarized on June 30, 2023, to process and transfer the Certificate of Occupancy and Building Approval for the property known as Plots 1 and 2 at KYC Homes Phase 3, KYC Delarogue City, Guzape District, Abuja.
Another declaration is sought regarding the refusal of the Respondent to provide necessary title documents, even after repeated demands, which is claimed to be unjust, unconstitutional, and void under the terms of the contract.
Upon consideration of the ex-parte application, the court issued an interim injunction that prohibits the Defendants, their agents, representatives, or any associates from tampering with or selling Plots 1 and 2 at KYC Homes Phase 3, KYC Delarogue City, Guzape District, Abuja, while the matter is under the court’s review.
Furthermore, the court ordered the sealing of the aforementioned property to safeguard the subject matter of the lawsuit until the main motion is heard.
Additionally, the court granted permission for the Claimant to serve the 2nd Defendant with legal documents through a representative in the office of the 1st Defendant.
The case has been adjourned to August 9, 2023, for the substantive motion hearing.