Justice Othman Musa of a High Court of Justice of the Federal Capital Territory has ordered a civil servant, Ms Asabe Waziri, to vacate a property located in the Maitama district of Abuja, worth N130m.
However, the court ordered the developer, Abeh Signature Limited, to make a refund to Waziri.
According to the judgement of the court, sitting in Apo, in suit no. FCT/HC/CV/2435/2021, the court ordered Abeh Signature Limited, the property developer, to take possession of the property after the company filed a suit against Ms Waziri, alleging breach of contract sales agreement.
Contrary to an allegation by Asabe Waziri that Mr Cecil Osakwe, the Managing Director of Abeh Signature Limited, is holding unto her money after the court’s judgement, Mr Osakwe, through his lawyer, Mr Victor Giwa, said a cheque of N150m was immediately issued in her name after the judgement of the court.
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According to the developer, Ms Waziri entered into a contract to purchase two flats at Abeh Signature Apartments in Maitama but failed to meet the contractual agreements.
Abeh Signature Limited had dragged Ms Waziri before the court alleging a breach of contract agreement on the part of Waziri in the purchase of the apartments.
Justice Musa of the court entered judgment in favour of the applicant as follows:
“That having regard to sections 1, 14 and 15 of the Money laundering (Prohibition) Act and other relevant laws, the various payments made vide cash and sundry bank transfers made by the Defendant in favour of the claimant in respect of the contract for the purchase of two flats at Abeh Court is illegal and contrary to the aforementioned provisions of the money laundering laws.
“That in view of the way and manner or mods of payments employed by the Defendant on the purchase of the two flats at Abeh Court belonging to the Claimant, same has rendered the contract for the purchase of the properties void for violating money laundering laws.
“That the Claimant was right in terminating the contract it had with the Defendant for the purchase of the two flats at Abeh Court and offering a refund of the money paid so far for being void due to the contravention of the Money Laundering Prohibition Act.
“That In view of the termination of the contract for the purchase of the two flats at Abeh Court by the Claimant, Defendant can no longer claim or exercise ownership over the said two flats.
“Consequently, this Court order the Claimant to immediately refund the entire monies paid to it by the Defendant including the legal and agency fees and further orders the defendant to immediately hand over possession of the two flats being flats 3C and 38 of Abeh Court to the Claimant.”
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