A High Court of the Federal Capital Territory (FCT) has ordered a substituted service of Writ of Summons against an Abuja based firm, Kafak Enterprises Limited involved in a legal battle over ownership of a property at Kukwaba District of Abuja.
Apparently to compel the appearance of the company in court, Justice F. E Messiri ordered that the Court Summons be pasted on the wall of the property in dispute to attract the attention of the company.
Justice Messiri issued the substituted service order against the firm following its persistent refusal to accept Court Summons to appear before the Court to defend itself in a suit filed against it in a dispute over ownership of a property in the FCT.
The suit marked FCT/HC/Gar/M/1369/24 was brought against the firm, the FCT Minister Nyesom Ezenwo Wike and another company, Magic 4 You Enterprises Limited as 1st to 3rd defendants respectively in the legal battle.
An aggrieved Company, Standard Grains Limited through its counsel, Dr Reuben Okpanachi Atabo, a Senior Advocate of Nigeria had instituted the court action seeking the determination of the real owner of the property in dispute.
The property in dispute is said in the court order signed by Justice Messiri to be plot 565/BOO District Recreational Park, Kukwaba District, Abuja.
Delivering ruling in an ex-parte application of the Claimnant, Justice Messiri also directed that the Court Summons be pasted on the wall of the 3rd defendant, Magic- 4-You Enterprises limited at 58, Adetokunbo Ademola Crescent, Wuse, Abuja.
The court summons are are to be pasted on the wall of the 1st and 3rd defendants along with other processes in respect of the case.
The Judge granted the request of the Claimnant that the substituted service shall be deemed valid and proper to compel the attendance of the defendants in court.
The ex-parte application brought pursuant to Order 7 Rules 11 of the FCT High Court civil procedures followed the refusal of Kafak enterprises limited to accept service of court summons in respect of the suit against it on the disputed property.
Justice Messiri after granting the order of substituted service of the court summons fixed October 30 for hearing of the suit on the disputed property.