Abuja: Court fixes October 9 to rule in N25m construction dispute

Justice Abubakar Baba Salleh of the High Court of the Federal Capital Territory (FCT), sitting at Apo, Abuja, has fixed October 9 to rule on the admissibility of the processes of an Abuja Magistrate Court in the suit filed before the higher court by an Abuja-based firm, Simitex Engineering Company Limited.

The claimant has filed the construction dispute suit against Red Sapphire Nigeria Limited, the Minister of the Federal Capital Territory (FCT) and two directors of the Federal Capital Development Administration (FCDA) over the non-payment of the expenses it incurred in building a three-office space at the Abuja Zoological Park at Area 1, Abuja, sometime in 2008.

The claimant, a private limited company, through the suit marked, FCT/HC/CV/4160/24, also joined the Director, Parks and Recreation Department and the Director, Department of Development Control, both of the FCDA as defendants.

The company in its writ of summons claimed that sometimes in 2008, a portion of the Abuja Zoological Park comprising three office space was leased to it by Red Sapphire Nig Ltd, which manages the Abuja Zoological Park at Area 1, Abuja, on behalf of the FCDA, adding that it later built additional three office space to the with the knowledge and approval of Red Sapphire Nig Ltd who promised to refund the claimant the money spent on the additional three rooms built.

Simitex further claimed that it spent the sum of N25 million on the construction of the additional three offices, but the defendant later reneged on making refunds after reacquiring the property.

It, therefore, sought an order of the court directing that “having expended its money for the construction of the three (3) rooms also known as commercial office space at the premises described as plot No 1772 AOI Garki District, also known and called Abuja zoological garden, treasure Island, Nasarawa Street, Area 1 Garki Abuja with the consent, knowledge, and undertaking of the 1st Defendant (Red Sapphire Nigeria Ltd) to adequately reimburse the claimant before vacating the premises as stated in the claimant’s letters of demand dated 12th day of August, 2024 and 5th day of September, 2024 respectively.

It also sought “An order of the court restraining the 1st defendant from making use in whatsoever form of the three (3) rooms office space constructed by the claimant or renting same to any prospective tenant(s) until due and full settlement of the cost of construction of the three (3) rooms office space is made to the claimant.

“An order of the court mandating/directing the 1st to 4th Defendants to jointly and severally pay the Claimant the sum of N25,000,000 (twenty-five million naira) only, as the construction cost in respect of the 3 rooms constructed by the claimant at plot No 1772 AOI Garki, also Known as Abuja Zoological Garden, Treasure Island, Nasarawa Street, Area 1 Garki, Abuja.”

The case, which first came up for mention on February 11th, was adjourned to March 18 for hearing when all the parties were legally represented.

At the resumed hearing of the suit on Monday, counsels for the second to fourth defendants were not in court, while Red Sapphire was represented by its counsel, Promise Choko.

Counsel for the claimant, A. T. Abdulkareem, led Principal Witness One (PW1), Ibrahim Tajudeen, in evidenc,e where he continued his testimony, which he began in June and confirmed official documents involved in the claimant’s dealings with Red Sapphire Nigeria Limited.

Abdulkareem subsequently tendered in evidence documents and photographs duly identified by the PW1. They were admitted with no objections from the counsel for the first defendant, Promise Choko.

Choko, however, objected to the admissibility of the processes of an Abuja Magistrate Court served on the claimant, claiming that it was not certified as required by the law.

Following arguments and counter arguments on the admissibility of the document, Justice Saleh reserved ruling on it and cross-examination of the PW1 to October 9.

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