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Court rules on firm, DAMAC $350,000 Dubai property feud

By Msugh Ityokura, Abuja
03 December 2018   |   4:02 am
A Federal Capital Territory High Court, Abuja, has fixed December 10, for ruling on an application seeking to set aside the court’s judgment...

High Court

A Federal Capital Territory High Court, Abuja, has fixed December 10, for ruling on an application seeking to set aside the court’s judgment compelling DAMAC Star Properties LLC of Dubai to refund $350,000 (N120 million) owed Profitel Nigeria Ltd, over a block of apartments in Dubai.

Trial judge, Justice Yusuf Halilu, fixed the date after taking arguments from counsel on the matter.

Counsel to DAMAC, Mr. Nnamdi Ekwen, had at the last adjourned date prayed the court to set aside the judgment on grounds that his clients were not represented in the matter.

He also challenged the court’s jurisdiction on the matter, insisting that the contractual agreements were carried on in Dubai and not in Nigeria.

But counsel to the judgment creditor, Mr. Solomon Aboje, urged the court to discountenance the arguments of the judgment debtor, insisting that parties were all served by the orders of the court.

“ Parties were all served by the orders of this court. Your lordship made two valid orders to that effect, which was all, complied with. It is settled law that when parties are served in a matter, the judgment thereof cannot be said to be in default.

“The judgment was delivered on merit and cannot be set aside by this court. Your lordship does not have the jurisdiction to entertain the matter. They can only appeal against it at the appellate court”, he argued.

It would be recalled that the court had in its judgment delivered in 2017 ordered the company (DAMAC) to refund the deposited amount to Profitel Nigeria Ltd following its inability to deliver the property.

It also ordered that any staff of the company sighted in the country should be arrested.

As a result of the order, the company’s property Development Manager, Mr. Ankit Gulati, was arrested by the police but was released in a legal twist, on the ground that he was not an “alter ego” of the company and therefore cannot be made to pay for the misdemeanor of the company.