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    Home»Property»Real Estate»FHA suffers setback in court for breaching restraining order
    Real Estate

    FHA suffers setback in court for breaching restraining order

    starconnectBy starconnect17 January 2024Updated:17 January 2024No Comments2 Mins Read
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    Admin I Wednesday, Jan. 17, 2024

     

    IKEJA, Lagos – Trial of the Federal Housing Authority (FHA) for breaching court order in demolishing 600 houses in Festac Town continued today with FHA in denial of acting in breach of court order restricting it from demolishing 600 houses at 6th Avenue, Festac Town, Amuwo Odofin, Lagos, including 700 partially demolished, despite the court order.

    Counsel to the claimants, Mr Adetayo Bello, told the court that he had obtained the restraining order.

    But lawyer representing FHA, Mr Chris Ekemezie, denied knowledge of the order, stating that the agency did not breach any court order.

    “We are a law-abiding government agency and we did not defy any court order,” Ekemezie said.

    He told the court that the counsel to the claimants did not serve the agency any process.

    Bello, thereafter, sought an extension of the court order barring the agency from demolishing the claimants’ buildings to which the judge questioned the validity of his request.

    Justice Akintunde Savage ruled that, given that the order referenced by the claimants’ counsel had been breached, as per his allegation, the plea would not be granted.

    The judge, hence, adjourned the matter untill Feb 20, to consider the concerns of all parties involved.

    Recall that in Sept. 2023, a motion ex’parte by the cliamants/applicants; Engr. Samuel Ahmed, Martinson Realtors Investment Ltd , Alhajia Taoheed Amusa and Alhajia R. A. Balogun, seeking a pre-emptive order of injection against the defendants (FHA and LSBCA).

    The motion with Suit No. ID/7396GCM/2023, dated Sept 7, 2023, was brought before Justice O. J. Awope of an Ikeja High Court (sitting as a vacation judge as at the time) on Sept. 11, 2023.

    Accordingly, the judge gave the order, after a 40 paged affidavit date Sept. 7, deposed by the fourth defendant, Alhaji R A. Balogun and Thaddeus Idenyi, for the cliamants.

    Awope, had, ordered a pre-emptive order of injunction restraining the first defendant/respondent whether acting by itself or through its agents, from demolishing and/or removing any building or property erected in 6th Avenue Festac Town or in any other part of Festac Town.

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