Sambo Close injunction was fraudulently obtained

Manu Investment Ltd is playing games with the courts, and flagrantly abusing court processes. Whilst appealing a ruling they lost, they have filed action on the same matter before another court and fraudulently secured an injunction. 

 

On 3rd July 2018, the High Court 2 of Kaduna State struck out Suit No KDH/KAD/227/2018 between MANU INVESTMENT LTD V KADUNA STATE GOVERNMENT. The substance of the matter is the action the government has taken over a property at Sambo Close.

 

Dissatisfied with the said decision, the Manu Investment Ltd challenged it at the Court of Appeal. In addition, they filed an application dated 5th July 2018 seeking for injunction pending appeal and another application, dated 12 July 2018, seeking for a stay of execution. Both motions are fixed for 2ndAugust 2018.

 

The same Manu Investment Ltd filed a fresh action also before the High Court No.11 over the same Sambo Close, but this time against the Kaduna State Urban Planning and Development Authority, KASUPDA. 

 

In this fresh action, Manu Investment Ltd suppressed and misrepresented the High Court decision of 3rdJuly 2018 which did not go in its favour. Manu Investment Ltd have now obtained an interim order ex parte against KASUPDA and the matter has been adjourned to the 23rd August 2018 for mention

 

It should be noted that the order obtained against KASUPDA, who are not party to the earlier action,was fraudulently obtained by suppressing and misrepresenting the decision of 3rd July 2018. KASUPDA will apply to discharge that order ex parte made against it as soon as possible.

 

Filing multiple actions on the same subject matter before different courts is a flagrant abuse of court process, and it constitutes detestable forum shopping.We shall be providing the courts with all the facts.

 

Umma Hikima

Attorney General/Commissioner of Justice, Kaduna State

1st August 2018

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