Byuan Resources Limited V. Minister Of Federal Capital Territory & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Federal Capital Territory High Court Abuja, delivered on the 21st day of March. 2012 in Suit No. FCT/HC/CV/1023/2011.

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The appellant who was the plaintiff at the lower Court instituted an action by a Writ of Summons and statement of claim dated 21/01/20I1 whereof he claims against the defendants/ respondents as follows:

1. A declaration that the plaintiff by virtue of offer of terms of Grant/Conveyance of Approval dated the 13th day of July, 2002 with File No. MISC 20950 is the beneficial owner of plot No. 342 Cadastral Zone 808, Jahi District, Abuja.
2. A declaration that the purported extinguishment of the rights and interest of the plaintiff over the said plot No. 342 Cadastral Zone 808 Jahi District, Abuja as contained in THE NATION newspaper of Friday, February, 5, 2010 is illegal, null and void and of no effect.
3. An order of perpetual injunction restraining the Defendants, their agents, servants and or privies from disturbing, interfering with, re-allotting the said plot to any other party or doing anything

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contrary to the plaintiff?s interest and quiet enjoyment of the said plot 342 Cadastral Zone 808, Jahi District covered by Old File No. MSC 20950 and new File No.MISC 58409.

4. An order of this Honourable Court directing the 3rd Defendant to collect the Building plan Approval fees and issue same as already applied for by the plaintiff to enable it develop the property.
5. An order of this Honourable Court directing the 1st and 2nd Defendants to accept the Certificate of Occupancy fee in respect of the subject matter and issue same in favour of the plaintiff.

The Respondents as defendants at the lower Court filed their statement of defence on 13/05/2011, dated 12/05/2011.

At the conclusion of trial the plaintiff/appellants claim was dismissed. The dismissal of its claim gave rise to this appeal.

The Notice of Appeal was dated and filed on the 31st day of May, 2012,

There are four grounds of Appeal with their particulars and reliefs sought.

The appellant’s brief was dated and filed on the 28th day of May, 2014. In it two issues were distilled as follows:

1. “Whether or not it was necessary for the 1st ? 3rd

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respondents to comply with the procedure for revocation of appellant’s title over the disputed plot

“(Ground 2).