K.C. Bencharis Nigeria Limited has instituted a N130 million suit against unknown persons over alleged unauthorised occupation and development of its property at Kuchiyako-III Layout, Kuje, Abuja. The plaintiff is seeking N100 million in general damages and N30 million as costs of the action. The suit was filed before the High Court of the Federal Capital Territory (FCT) and marked FCT/HC/GAR/CV/284/2026.
The property in question, identified as Hotel 2, Kuchiyako-III Layout, Kuje, is covered by Right of Occupancy No. KAC/MFCT/LA/MISC-881, registered on March 5, 2007. According to the company, the property was granted to it by the Minister of the Federal Capital Territory, after which it obtained documents evidencing its interest in the land. These documents include an Order of Terms of Grant/Conveyance of Approval, Acceptance of Offer of Grant of Right of Occupancy, cadastral documents, a survey plan, and other land-title documents.
The company claims it exercised acts of ownership over the property and maintained that it was entitled to exclusive possession and enjoyment of the land. However, in March 2026, it allegedly discovered that unknown persons had entered portions of the property without its knowledge, consent, or authority and commenced development there. The company took photographs of the alleged development and instructed its lawyers to intervene.
The claimant alleges that the persons on the property erected a fence and other structures and restricted access to the land by the company and persons acting on its behalf. The company's representatives visited the property and informed the occupants that the land belonged to the company, while asking them to stop further entry, occupation, and development. The company contends that the continued occupation and development of the property constitute unlawful interference with its proprietary rights.
The alleged activities have prevented the company from accessing and using the property for its intended purpose, resulting in loss, inconvenience, and deprivation of its use and enjoyment. The claimant is asking the court to order the persons occupying the property to vacate and deliver vacant possession to it. It is also seeking a perpetual injunction restraining the defendants, their agents, privies, or anyone claiming through them from further entering, occupying, constructing on, alienating, or otherwise interfering with the property.
In addition to the N130 million suit, the company is claiming N100 million as general damages for alleged trespass and inconvenience, N30 million as costs of the action, and interest at 10 per cent per annum on the judgment sum from the date of judgment until final liquidation. The allegations contained in the suit are yet to be determined by the court. The company's lawyer, Afam Osigwe, SAN, the immediate past President of the Nigerian Bar Association (NBA), filed an affidavit in support of the suit, outlining the basis of the company's claim to the property.
The case highlights the challenges of property development and ownership in Abuja, where disputes over land are common. The outcome of the suit will depend on the court's evaluation of the evidence presented and the company's claims to the property.
Key points
- The company is seeking N130 million in damages and costs.
- The property was granted to the company by the Minister of the Federal Capital Territory.
- The company alleges that unknown persons have erected a fence and other structures on the property.
