Court upholds ruling on Malaysian gardens

The 14085 housing units’ project, known as Malaysian Gardens, was launched by former President Olusegun Obasanjo in 2006 and is standing on 500 hectares in Saraji District, Apo, Abuja.
Global Formwork (Nig) Ltd, the developer of Malaysian Gardens and FCT Administration had been in court over the non approval of the developers engineering drawings for the construction of 14085 housing units, one of the largest housing estates in the Territory.
The two parties were at the court of Arbitration over Malaysian Gardens during which the arbitrator ruled in favour of Global Formwork Nig ltd.
Sequel to this, the developer having waited for the expiration of the 90 day period which either party is allowed to challenge the decision of the Tribunal wrote FCTA to have the award of the Tribunal implemented.
On the 21st of February 2014, the arbitration rulings were delivered and signed by the trio of Dr. Alex A. Izinyon, SAN, Chief JHC Okolo, SAN, and Senator Abubakar Sodangi.
In the ruling, the arbitrators said, “Having carefully considered all the pleadings, bundle of documents, submissions and written reports placed before the panel, as well as the witness statement of oath and testimony given at the hearing, we now make and publish this final award.  We award, direct and order that: that the claimant`s claim succeeds in part, the development lease agreement commenced on 11/10/2006 and remains valid until 11/10/2016, therefore the agreement still subsist. The respondents` counter claim fails. We order that the 2nd respondent (FCTA) to take immediate official steps/actions ensuring peaceable possession and use of the demised area of land and by preventing the villagers (original owners thereof) already previously paid the compensation due from further disrupting  the claimant`s development work on the estate.
“We grant an order of injunction restraining  the respondents, their servants, agents, privies and officers howsoever constituted from threatening or revoking the grant made to the company as per the aforesaid agreements, unless in strict compliance with the provision  therein, for any good cause which must first be established.”
But the FCTA challenged the ruling at the Federal High Court of the Federal Capital Territory, alleging judicial misconduct on the part of the panelist who oversaw the arbitration.
 On the 2nd of March 2015, the High Court of the FCT presided over by Justice F.A. Ojo dismissed the allegations of the FCTA by delivering judgment in favour of Global Formwork(Nig) Ltd.
 Justice Ojo affirmed the initial ruling by the court of arbitration.


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