By DEJI ABDULWAHAB

An FCT High Court sitting in Bwari, has reserved ruling in a suit filed against Federal Housing Authority (FHA) and AIBEN Properties Ltd over alleged encroachment on a property located in Gwarimpa, Abuja.

The court, presided over by Justice M.A. Madugu reserved the ruling on an application filed by the plaintiff, Tulwu Integrated Ltd. To amend processes filed in the suit with No: FCT/HC/BW/CV/227/25.

Justice Madugu announced the decision after hearing the claimant’s application and the response by the defendants

The claimant, through its lead counsel, Godwin Ogboji (SAN), had filed the application to amend the writ of summons, statement of claims, and statement on oath of the witness in the case

Tulwu Integrated Ltd had dragged the first defendant, AIBEN Properties Ltd. And second defendant, FHA to court over alleged encroachment on its property located along 5th Avenue, 52 Road, Gwarimpa II Estate, Abuja.

Ogboji told the court that the purpose of the application was to allow the claimant to amend its processes against the defendants in light of facts not captured in the original processes sought to be amended.

Counsel to the defendants, Ayodeji Oloyede and Ademola Adeleyin, however, objected to the claimant’s application, saying the court could not grant it as it sought to overreach their defence.

After hearing the parties’ arguments, Justice Madugu reserved his ruling and said a date would be communicated to the parties.

It would be recalled that on Jan. 6, the court issued an order restraining the FHA and AIBEN Properties Ltd. From encroaching on the Gwarimpa property.

The case started when AIBEN Properties Ltd. Allegedly encroached on Tulwu Integrated Ltd’s land in Gwarimpa and carved out about 6,000 square metres, with the alleged backing of FHA officials.

After the alleged encroachment and demolition of parts of the fence of the land by FHA and AIBEN, the company rushed to the court and obtained a restraining order against the defendants on July 1, 2025.

Despite the court order, on Dec.15, 2025, armed police officers, accompanied by FHA officials allegedly mobilised to the land demolished the fence and in the process assaulted the company’s pregnant managing director.

Shortly after the demolition, the first defendant, the developer was said to have moved equipment onto the land at night and commenced excavation, prompting the plaintiff to seek further court injunctions

While the FHA claims the original allocation was 16,000 square metres, with an alleged illegal encroachment of an additional 6,000 square metres, Tulwu Integrated Ltd insisted that official documents clearly show the land measures about 22,000 square metres after survey.

According to the company, the land was initially allocated by the FHA to Savannah Suites & Restaurant Ltd and later assigned to Tulwu Integrated Ltd via a consent letter dated March 13, 2013.

The plaintiff added that subsequent surveys and approvals by the FHA revised the land size to over 22,000 square metres.

“The allocation letter itself stated that the land size was subject to survey, and after survey, the area was clearly stated as over 22,000 square metres,” the company said.

Tulwu Integrated Ltd also cited a Change of Use approval issued by the FHA in July 2023, which, it said, expressly recognised the land size as 22,017.233 square metres.

The company said that since acquiring the land in 2013, all official correspondence, billings and receipts from the FHA consistently reflected the 22,000 square metres land size.

In May 2025, the company said it applied for development approval, submitting architectural and engineering designs, which were vetted and approved by relevant FHA departments.

However, it alleged that the FHA failed to issue the bill required for payment to commence development. (NAN)

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