A High Court of the Federal Capital Territory (FCT) sitting in Bwari, Abuja, has reserved ruling in an application to amend processes filed by Tulwu Integrated Ltd against the Federal Housing Authority (FHA) and AIBEN Properties Limited.
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Justice M.A. Madugu, announced that his ruling would be delivered on a date that would be communicated to parties, shortly after taking arguments for and against the motion.
Tulwu Integrated Limited had dragged the AIBEN Properties Ltd and FHA, to court over their alleged encroachment on its property located along 5th Avenue, 52 Road, Gwarimpa II Estate, Abuja.
However, as hearing progresses in the Suit No: FCT/HC/BW/CV/227/25, the claimant, through its lead counsel, Godwin Sunday Ogboji (SAN), filed an application to amend the writ of summons, statement of claims, and statement on oath of the witness.
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.
But the defendants’ lawyers, Mr Ayodeji Eoyede and Ademola Adeleyin, objected to the claimant’s application, saying the court shouldn’t grant it as it sought to overreach their defence.
After hearing the parties’ arguments, Justice Madugu reserved judgment and said a date would be communicated to them.
The court had on January 6, 2026, issued an order restraining the FHA and AIBEN Properties Ltd from encroaching on the Gwarimpa property.
The case started when AIBEN Properties Ltd encroached on Tulwu Integrated Ltd’s land in Gwarimpa and carved out about 6,000 square metres, allegedly with the 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 FCT High Court and obtained an order restraining the defendants from the FCT High Court on July 1, 2025.
Despite the court order, on December 15, 2025, armed police officers, accompanied by FHA officials, went to the land and demolished its fence again, during which the company’s pregnant managing director was allegedly assaulted.
Shortly after the demolition, the rival developer moved equipment onto the land at night and commenced excavation, prompting it 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 insists 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. It 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 20,000 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.
The company said that since acquiring the land in 2013, all official correspondence, billings and receipts from the FHA consistently reflected the larger 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.
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