Alleged land grabbing: Firm seeks court order to annul CAC’s registration of duplicate company

A property development firm, Nextdora Nigeria Limited, has approached the Federal High Court in Abuja, seeking to nullify the registration of an identical company by the Corporate Affairs Commission (CAC). The firm, registered under the name Nextdora Nigeria Limited (Registration Number: 564478), filed a lawsuit against the CAC, Nextdora Nigeria Limited (RC No: 1190723), and Amandano Services Nigeria Plc (RC No: 1190723) as the 1st, 2nd, and 3rd defendants, respectively.

The lawsuit, filed on March 13, 2025, under the case number FHC/ABJ/CS/479/2025, was brought by Senior Advocate of Nigeria, Reuben Atabo. In the originating summons, the plaintiff raised eight key questions for determination.

Atabo argued that according to the Companies and Allied Matters Act (CAMA), 2020, specifically Sections 41(5), 41(6), and 42, the plaintiff, which was duly registered on March 14, 2000, should have exclusive rights to the name Nextdora Nigeria Limited and its use. The plaintiff seeks a declaration stating that, under CAMA, the 2nd defendant is prohibited from operating as a limited liability company under the name Nextdora Nigeria Limited, given that the RC Number 1190723 is already assigned to the 3rd defendant.

The plaintiff is asking for several orders from the court, including:

  1. A declaration that the registration of the 2nd defendant by the 1st defendant (CAC) is null and void.
  2. A mandatory injunction compelling the CAC to deregister the 2nd and 3rd defendants and remove their names from the company register, as per Section 41(1)(d) & (e) of CAMA, 2020.
  3. A mandatory injunction requiring the CAC to withdraw, cancel, or revoke the certificates of incorporation for the 2nd and 3rd defendants.
  4. A perpetual injunction to prevent the CAC from registering any company under the name Nextdora Nigeria Limited in the future.

In an affidavit sworn by Ibrahim Sule, one of the directors of the plaintiff, it was stated that the 2nd defendant was incorporated on May 16, 2014, and purports to use the same RC number (1190723) that is assigned to the 3rd defendant, which is a company also registered on the same date.

Sule further explained that the plaintiff, which engages in property development, trading, and general contracting, applied for and received a land allocation within the Federal Capital Territory (FCT). However, the plaintiff later discovered that their Right of Occupancy for a plot of land located at Plot No. 4411, Cadastral Zone A09, Guzape District, Abuja could not be found in the records. After reporting the issue to the police, the plaintiff learned that unlawful attempts had been made to appropriate the land, prompting them to file a legal action against the alleged perpetrators.

Despite these legal proceedings, the plaintiff alleges continued harassment by police officers, prompting them to seek relief for the enforcement of their fundamental rights in the Federal High Court.

Sule emphasized that if the reliefs are not granted, it would cause significant harm to the plaintiff, and he further noted that the court has the authority to prevent the illegal operations of the 2nd defendant and abuse of powers by the CAC.

The case is awaiting assignment to a judge.

For professional advice on Accountancy, Transfer Pricing, Tax, Assurance, Outsourcing, online accounting support, Company Registration, and CAC matters, please contact Inner Konsult Ltd www.innerkonsult.com at Lagos, Ogun state Nigeria offices.
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