The Federal High Court in Ikoyi, Lagos, on Thursday struck out the suit filed by WinHomes Estate Global Services Limited and another plaintiff against the Attorney-General of the Federation Latest Fagbemi, the Minister of Works David Umahi, and four other defendants, after ruling that the estate firm lacked the legal standing to sue.
Justice Akintayo Aluko held that WinHomes had no subsisting interest in the disputed property, noting that the company admitted in its own filings that it had already sold or transferred the land to third parties.
The court described this admission as fatal to the action, ruling that a party that has divested its interest cannot maintain a claim for trespass, injury, or declaratory reliefs on behalf of subsequent purchasers.
Justice Aluko added that the plaintiffs also failed to disclose any reasonable cause of action against the federal defendants.
Beyond the issue of standing, the court further held that the subject matter—land use and alleged trespass—falls outside the jurisdiction of the Federal High Court under Section 251 of the Constitution, which does not confer federal jurisdiction over land disputes except where the title or interest of the Federal Government is directly in issue.
WinHomes had filed Suit No. FHC/L/CS/1803/2024 against the AGF, the Minister of Works and others in connection with a disputed parcel of land linked to ongoing demolitions and realignment works associated with the Lagos–Calabar Coastal Highway project.
The company had claimed interference with its property and sought reliefs to restrain further encroachment. However, the court found that the firm could not legally sue for land it no longer owned, nor could it establish any constitutional basis for invoking the jurisdiction of the Federal High Court.
