An FCT High Court dismissed a suit filed by Ezeaku International Ltd against publisher of the Leadership Newspapers, Sam Nda-Isiah, for lack of merit.
Mrs Victoria Ezeaku, owner of Ezeaku Park and recreational centre in Utako, Abuja dragged Nda-Isaih, FCDA and Minister of FCT to court in 2012.Delivering judgment, Justice Abubakar Umar held that the sole issue for determination was whether the plaintiff’s suit had merit.
Umar upheld the argument of the defense counsel that the plaintiff did not submit any technical design to show her intention to develop the land in question.
He said that the FCDA had power, based on the provision of Land Use Act, to revoke any offer and re-allocate same for immediate development.
The judge said that the plaintiff failed to prove that there was any wrong against her by the second defendant.
He added that the plaintiff failed to prove that there was a double allocation, adding that the court cannot act on sentiment.“Since there is no proof of contract between the plaintiff and the second defendant, the court cannot give sentimental judgment.
“He who seeks equity must come with clean hands,” he said.Umar therefore held that the court had refused to grant all the prayers sought by the plaintiff.Counsel to the FCDA Kate Denga had earlier told the court that the land was allocated to the first defendant (Nda-Isiah).
It would be recalled that Ezeaku was seeking for an order restraining the defendants from demolishing her recreational Park 294 located in Utako, Abuja. She also sought an order directing the defendant to remove the stop-work notice placed on her park in Utako. She further demanded a cost of N50 million as damage. Ezeaku also prayed the court to award the sum of N10 million for the untold hardship caused her as a result of the demolition (NAN).
