The Federal High Court in Lagos has struck out a lawsuit filed by WinHomes Estate Global Services Limited and Engineer Mrs. Ifeoma Okengwu challenging alleged encroachment on an 18.838-hectare property at Okun-Ajah by the Federal Government and its contractors, ruling that the case falls outside the court’s constitutional jurisdiction.
Justice Akintayo Aluko delivered the judgment on Friday, November 21, 2025, after upholding two separate preliminary objections filed by the 1st–3rd defendants—the Controller of Works, Lagos; the Minister for Works; and the Attorney-General of the Federation—as well as the 4th defendant, Hitech Construction Company.
WinHomes had instituted the suit by Originating Summons on October 4, 2024, claiming that the ongoing realignment of the Lagos-Calabar Coastal Highway encroached upon its titled land, allegedly leading to demolition activities and trespass.
The company sought declaratory reliefs and injunctions to restrain the defendants pending determination of the suit.
But the defendants countered with preliminary objections, insisting that the case was fundamentally a land dispute, an issue exclusively within the jurisdiction of the Lagos State High Court under the Land Use Act.
In his composite ruling, Justice Aluko agreed with the objectors that the substance of the plaintiffs’ claims related to land use, title, and trespass, matters over which the Federal High Court lacks authority under Section 251(1) of the Constitution.
The judge held that although the plaintiffs attempted to frame the suit as a challenge to the actions of Federal Government agencies, the facts and reliefs sought were rooted in ownership, use, and boundary of land vested in Lagos State.
He noted that the Federal High Court is a court of “enumerated jurisdiction,” unable to assume power over issues not expressly listed in the Constitution.
Justice Aluko cited several Supreme Court and Court of Appeal authorities affirming that disputes concerning statutory rights of occupancy, trespass, or land title must be heard exclusively by a State High Court.
The court also upheld the argument that the plaintiffs’ choice of Originating Summons was inappropriate for a suit riddled with contentious and conflicting facts, further undermining the competence of the action.
The court also agreed with the objectors that the 2nd and 3rd defendants sued in the titles “Minister for Works” and “Controller of Works, Lagos” lacked juristic personality.
Justice Aluko held that such offices, not being natural or incorporated legal persons, cannot sue or be sued unless explicitly provided for in statute.
Their inclusion rendered that aspect of the suit incompetent and liable to be struck out.
On the plaintiffs’ request for interlocutory injunction to restrain further work on the coastal road near the disputed land, Justice Aluko held that a court lacking jurisdiction over the substantive claim cannot issue interim or ancillary orders, no matter how urgent or compelling.
Since the court lacked jurisdiction over the primary land dispute, it had no legal basis to grant any restraining orders.
Having upheld both preliminary objections, Justice Aluko struck out the entire suit for want of jurisdiction.
The court held that the proper venue for WinHomes to litigate its complaints was the Lagos State High Court.
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