Court Discharges Indian Over N120m Property Fraud

The FCT High Court, Maitama last Monday discharged Gulati Ankit, an Indian National held on behalf of DAMAC Star Properties LLC, Dubai in an alleged 350,000 U.S. dollars (about N120 million) property fraud.
Profitel Limited, a Nigerian company had in 2015 dragged DAMAC Star Properties LLC, to the court on allegation of breach of contract and swindling of a deposit for nine apartments in Dubai.
Giving ruling, Justice Yusuf Halilu held that Ankit, DAMAC’s Business Development Manager was not an “alter-ego” of the company, adding that he (Ankit) could not be made to pay for the misdemeanour of the company.
The News Agency of Nigeria (NAN) reports that DAMAC Star Properties LLC approached the court with a motion seeking Ankit’s discharge from answering questions on the matter.
Mr Nnamdi Okwem, Counsel who filed the motion on behalf of the company averred that Ankit was not an employee of DAMAC Star Properties LLC and therefore, should not be compelled to pay the judgment sum.
NAN also recalls that the judge on Oct.8 made an order for the arrest of employees or any persons who had dealings with DAMAC Star Properties LLC in the country.
The order was sequel to a motion filed by Mr Solomon Aboje, Counsel to Profitel upon sighting Ankit in the FCT.
It was based on this subsisting order of court that the Indian national, a representative of the applicant was arrested and detained.
Aboje, while objecting to the motion, argued that the company which was in contempt had no place in law to have filed such a motion.
He further submitted that it would amount to travesty of justice if the court went ahead to adjudicate on the motion.
However, Halilu held that corporate law only recongnised Chief Executive Officers and Board members who were signatories to the formation of a company to be responsible for actions of such an entity.
“I have seen Ankit’s identity and from the document before the court, there is no doubt that he is an employee of DAMAC Star Properties LLC.
“However, his status as the Business Development Manager of the company does not in any way place him in a position to bear the liability of the judgment debtor.
“In the circumstance, the application is granted and Ankit is hereby discharged from answering further questions on this matter”, Halilu said.
The judge however, expressed displeasure over submission made by Okwem, who averred that Ankit was not an employee of DAMAC Star Properties LLC.
The judge also said that Okwem was mischievous to insinuate that the court confiscated Ankit’s travels documents, adding that Ankit willingly placed those documents before the court after an undertaking to be in court.
He said Legal Practitioners must desist from misleading the courts, adding that justice could only be served when issues were correctly presented before judges.
Profitel Limited had on Feb.15, 2017 secured a judgment against DAMAC Star Properties LLC, also known as DAMAC Properties Co.LLC.
Musa Abubakar, the company’s representative in Nigeria was listed as a nominal defendant in the suit.
The court had ordered the first defendant to forthwith refund to the judgment creditor the total sum of 350,000 US dollars being deposit of nine apartments BSB/40/400/ on the fourth floor of Burjside Boulevard building in Dubai.