A High Court of the Federal Capital Territory (FCT) has issued an order stopping further development works on the planned multi-million Abuja market project known as the Apo Resettlement Market Scheme.
Justice Yusuf Halilu, in a ruling, ordered the AMAC Investment and Property Development Company Limited, Commercial Properties Ltd, Manillah Integrated Partners Ltd, and their agents to halt any further works on the market project located at plot 1729 Cadastral Zone E27, Apo, Abuja.
The interlocutory restraining injunction, Justice Halilu said, is to subsist until the determination of a suit brought against Dr. Shuaibu Omeiza Musari and his company, Techs and Concretes Nigeria Ltd, by AMAC Investment, Commercial Properties, and Manillah Integrated.
The ruling delivered on April 15 was on the application filed by Techs and Concretes Nigeria Ltd, with which it sought to preserve the subject of the dispute between the parties in the suit, marked: CV/467/2024.
Techs and Concretes Nigeria Ltd stated in a supporting affidavit that a dispute arose between the parties when Manillah Integrated Partners allegedly decided to breach an agreement between them to jointly develop the market.
It stated that by the joint venture agreement executed between them, Manillah Integrated Partners was designated as the “developer” while Techs and Concretes Nigeria Ltd was designated as the “financier, co-developer and sole marketer.”
Techs and Concretes stated that contrary to the terms of the agreement between them, Manillah Integrated Partners allegedly went behind to unilaterally begin the development of the market project.
It stated that the suit by Manillah Integrated Partners and others was intended to shield them from being made to comply with the agreement, to get away with their breach of the agreement.
In the ruling of April 15, Justice Halilu said: “From what has played out, as contained in the respective affidavits for and against the application for interlocutory injunction, I am fortified to say that there is indeed an agreement which both parties have signed, is the document at the centre of the misunderstanding.
The second defendant/applicant (Techs and Concretes Ltd) is entitled, in law, to rely on the same (the agreement) as the basis for establishing legal interest and has indeed established the same as a matter of right, which deserves legal protection.
“I am minded to hold that the balance of convenience hinges heavily in favour of the applicant (Techs and Concretes).
“On the whole, therefore, I have no difficulty granting the application in the overriding interest of justice and fairplay,” the judge said.
On Monday, Dr. Musari, accompanied by some officials of his firm and security personnel, visited the site of the project to paste the court order and notify workers on the site to cease operations as ordered by the court.
Dr. Musari said as a law-abiding citizen, he was not interested in any trouble, but that the right thing should be done, with parties complying with the order of the court and waiting for the final determination of the case.
