By Anthony Ochela, Abuja
Justice Abubakar Baba Shani of the Federal Capital Territory High Court, Apo, Abuja, on Monday admitted further Exhibits in the suit instituted by Simitex Engineering Company Limited against Red Sapphire Nig. Limited and three others over an additional construction work done at a property in Abuja.
At the resumed sitting of the matter, Counsel to the Claimant, A. T. Abdulkareem lead Principal Witness One, PW1, Ibrahim Tajudeen, in evidence where he continued his testimony by confirming official documents involved in their relationship with their former landlord, Red Sapphire Nig. Limited, the first defendant.
Also joined the suit marked No: FCT/HCHC/CV/4160/2024, are the Minister of the Federal Capital Territory; Director, Parks and Recreation Department Abuja; Director, Department of Development Control Abuja, who are 2nd, 3rd and 4th defendants.
The 2nd to the 4th defendants were not represented in court as their Counsels were absent despite the Court been told they were served with the hearing notice.
Simitex dragged the defendants to court over claims it made additional construction work worth over N25 million to a building described as plot No 1772 AOI Garki District also known and called Abuja Zoological Garden, Treasure Island, Nasarawa Street, Area 1, Abuja with the approval of the defendants but they reneged in making refunds before after re-aquiring the property.
Counsel to the Claimants presented six pictures and a document to PW1 who identified them and were admitted as Exhibits G, G1 to G5, while the Windows Search document was Marked H.
Supporting the Exhibits, PW1 said he can recognise the property from the pictures through its red roof and some trees, nothing that further reconstruction work was done with red bricks and the workers were captured in some of the pictures.
He also backed the Windows Search document saying that it shows it was printed from the Corporate Affairs Commission, CAC, website and it contained information of the government’s Eagle Watch and Project Accountability Initiative.
The defence, Promise Choko, counsel did not object to the admissibility of the documents and they were subsequently admitted.
Questioned on another document, a Bill of Quantities, PW1 said he can confirm the document because it contained the name and logo of Simitex Engineering Company Limited and with the defence counsel not objecting it was marked Exhibit I.
Following arguments and counter arguments by both the Counsels, Justice Shani reserved decision on the admissibility of Processes of the Magistrate Court Abuja that was served on the claimants.
Justice Shani subsequently adjourned the suit to October 9, 2025 for ruling on the Court Processes and for cross examination of PW1.
In its writ of summons the claimants had among other issues 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 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 argued that the Claimant is entitled to the cost of construction done in respect of the 3 rooms constructed by the Claimant at the Defendants’ premises.
It also south “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.”
