Court awards N5 million damages against Fatima Gold Estate Developer
A Nasarawa State High Court sitting at Mararaba has awarded the sum of N5 million damages against the Developer of Fatima Gold Estate, Mr. Peter Okolo. Occupants of the estate under the aegis of Registered Trustees of House Owners of Fatima Gold Estate which is also located at New Karu, behind Karu International Market, had […]
A Nasarawa State High Court sitting at Mararaba has awarded the sum of N5 million damages against the Developer of Fatima Gold Estate, Mr. Peter Okolo.
Occupants of the estate under the aegis of Registered Trustees of House Owners of Fatima Gold Estate which is also located at New Karu, behind Karu International Market, had approached the court praying it to compel the estate developer, Mr. Peter Okolo to provide facilities at the estate which he had promised before the residents acquired buildings at the housing estate.
The facilities earlier promised by the defendant included: “Tarred estate roads with drainage, eight boreholes with adequate storage tanks, fire service, football pitch, nursery and primary school among several others.
In the suit marked NSD/MG133/2013, the plaintiff had urged the court to make: “An order of specific performance against the defendant compelling him to fill his contractual obligations as Developer of Fatima Gold Estate, Mararaba as contained in his advertisement vide its flyers covering the estate.
“The sum of N50, 000 000. 00 only as general damages for the inconveniences, trauma, discomfort and expenditures suffered and incurred by the plaintiff for the defendant’s breach of contract.”
The defendant however denied the plaintiff’s claim and counter-claimed against the plaintiff, asking the court to declare that the estate residents had no right to perform acts of facility management over the estate among other five prayers.
Delivering judgment on the suit last week thursday , the trial judge, Justice Haruna Offo held that the defendant abdicated his duty to take care of the estate.
Justice Offo held that the plaintiff had adequately canvassed his case against the defendant and is entitled to an order of specific performance against Mr. Okolo to fulfill his obligation as developer of Fatima Gold Estate as contained in its flyers of advertisement of the estate.
“Going by the pleading and evidence adduced, it is this court’s finding that the plaintiff has made up a case for the general damages. Accordingly, it is hereby granted in the sum of N5 million only,” the court declared.