A property development firm, Nextdora Nig. Ltd., has prayed the Federal High Court in Abuja to nullify the registration of an identical company by the Corporate Affairs
By Taiye Agbaje
A property development firm, Nextdora Nig. Ltd., has prayed the Federal High Court in Abuja to nullify the registration of an identical company by the Corporate Affairs Commission (CAC) in its name.
The plaintiff, Nextdora Nig. Ltd. with Registration Numbe
r (RC No): 564478, had sued the CAC, Nextdora Nig. Ltd with RC Number: 1190723 and Amandano Services Nigeria. Plc with RC Number: 1190723 as 1st to 3rd defendants respectively.
The News Agency of Nigeria (NAN) reports that in the originating summons, marked: FHC/ABJ/CS/479/2025 date and filed on March 13 by Reuben Atabo, SAN, the plaintiff sought eight questions for determination.
Atabo, asked whether by virtue of the express and unambiguous provisions of Sections 41(5) (6) and 42 of the Companies and Allied Matters Act (CAMA), 2020, the plaintiff which was duly registered by the CAC on March 14, 2000, is not entitled to the exclusive name and style of Nextdora Nigeria Limited and its use, for all purposes.
The senior lawyer, therefore, sought a declaration that with combine effectively of Sections 41(1) (d) (e) and 42 of CAMA, 2020, the 2nd defendant is forbidden by law from operating or purporting to operate as a limited liability company under the name and style of Nextdora Nig. Ltd. and with RC No: 1190723 which is already assigned to the 3rd defendant.
He, therefore, sought “an order declaring as null and void the purported registration by the 1st defendant (CAC).of the 2nd defendant as a limited liability company under the name and style of Nextdora Nigeria Limited and with RC No 1190723 which is already assigned to the 3rd defendant.
“An order of mandatory injunction compelling the 1st defendant to forthwith deregister the 2nd and 3rd defendants as companies and further excise their names from the register of companies pursuant to the provisions of Section 41(1) (d) & (e) of the CAMA, 2020.
“An order of mandatory injunction compelling the 1st defendant to forthwith exercise its powers under Section 41(7) of CAMA, 2020 and withdraw, cancel and/or revoke the certificates of incorporation of the 2nd and 3rd defendants.
“An order of perpetual injunction restraining the 1st defendant from registering and/or issuing a certificate of registration to any company or entity howsoever called, in the name and style of Nextdora Nigeria Limited,” among others reliefs.
In the affidavit deposed to by Ibrahim Sule, one of the directors of plaintiff, he averred that 2nd defendant is a purported limited liability company purportedly incorporated and registered on May 16, 2014 under CAMA.
He said the 3rd defendant is a limited liability company registered on May 16, 2014 by CAC under CAMA and duly assigned the RC No: 1190723 (which RC No the 2nd defendant purports to use as its own).
Sule said the plaintiff, which is into trading, commission agents, property development and general contracts, applied to the FCT Minister for allocation of parcel of land within the FCT and paid the prescribed fees as stipulated by the authority.
“That after a careful consideration of plaintiff’s application, a plot of land lying and situate at Plot No. 4411, Cadastral Zone A09, Guzape District, Abuja, Federal Capital Territory, measuring about 2.46 Hectares was allocated to her.”
He said the plaintiff searched for its Right of Occupancy in respect of the said plot which is covered by a Right of Occupancy with File No. MISC128232 but did not find it.
He said the matter was reported to the Nigerian Police Force, Abuja on Nov. 7, 2024, and also swore to an affidavit of loss of document on Nov. 8, 2024.
He said the police, after conducting discreet investigations, issued their report.
He said a letter was written to the Director, Lands, Abuja Geographic Information System (AGIS), requesting it to place a caveat in their (claimant’s) file in respect of the property.
He alleged that in order to prevent Nnamdi from unlawfully and illegally appropriating their land, the plaintiff instituted an action against him and his cohort before the High Court of FCT Abuja, vide suit number: CV/5517/2024.
He said inspite of the suit, the suspects kept on using officers and men of the police to harass and intimidate the directors of the plaintiff, including him, consequent upon which they sued them for the enforcement of their fundamental rights at the Federal High Court.
Sule, who said the court has the powers to prevent and stop the arbitrariness and abuse of powers by the CAC and the illegal and unlawful operation of the 2nd defendant, said the refusal of the reliefs being sought would occasion a grave prejudice to the plaintiff.
The suit is yet to be assigned to a judge.(NAN)(www.nannews.ng)
