A Kaduna State High Court has fixed February 10, 2022, for hearing in the suit by the Durbar Hotel PLC against the Kaduna State Government over alleged illegal demolition of the property.
The hotel had filed the suit over what it termed plans to take over the property despite pending appeal on the matter at the Supreme Court, which the state government filed challenging the verdicts of lower courts.
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The hotel is demanding a declaration that it is the titleholder of a parcel of land on General Muhammadu Buhari Way (Warf Road), Kaduna North, Kaduna State, measuring about 5.378 hectares and covered by Kaduna State certificate of occupancy No 17789.
A declaration that the demolition of the plaintiff’s property situates and lying at General Certificate of Occupancy of 7th May 1990 by the Kaduna State Government is unconstitutional, illegal, null, and void.
The hotel is also asking the court for an order of injunction restraining the defendants, their agents, servants, privies, and whosoever from transferring, assigning, selling or in any way part of the property.
The hotel first approached the court in 2001 after the government began moves to take over the hotel in suit number: FHC/KD/CS/66/2001 before a Federal High Court in Kaduna, which was decided in favour of the hotel; and the Court of Appeal in Kaduna with number: CA/K/307/2005 and ruling number CA/K/191/2003 which was also decided in its favour, forcing the government to further appeal to the Supreme Court in SC/101/2015 and SC/102/2015.