Obasanjo & Anor V. Wuro Bogga (Nig) Ltd & Ors (2022)
LAWGLOBAL HUB Lead Judgment Report
ADAMU JAURO, J.S.C.
This appeal is against the judgment of the Court of Appeal, Abuja Judicial Division setting aside the ruling of the High Court of the Federal Capital Territory which dismissed the 1st and 2nd Respondents’ suit for being statute barred under Section 2 (a) of the Public Officers (Protection) Act.
BRIEF STATEMENT OF FACTS
The 1st and 2nd Respondents as Plaintiffs took out a Writ of Summons and Statement of Claim against the Appellants as well as the 3rd and 4th Respondents seeking the following reliefs:
- “A DECLARATION that the 2nd Plaintiff is the beneficial owner of the property located at Plot 6 Cadastral Zone B05, Utako, Abuja which is covered by a previous Certificate of Occupancy File No: FCT/ABV/MISC: 7300 now numbered as File NO: MISC 55124.
- AN ORDER of this Honourable Court that the purported revocation without prior notice or fair hearing by the 1st & 2nd Defendants of the Plaintiffs’ right of occupancy in Plot No. 6 Cadastral Zone B05, Utako Abuja is unconstitutional, invalid, null, void and of no effect.
- AN ORDER of this Honourable Court that the purported reallocation by the 1st and 2nd Defendant of the Plaintiffs’ fight of occupancy in Plot No. 6 Cadastral Zone B05, Utako – Abuja to the 3rd and/or the 4th Defendants and indeed any third party is invalid, null, void and of no effect.
- AN ORDER of this Honourable Court that the 1st and 2nd Defendants should reinstate the property located at Plot No. 6 Cadastral Zone BO 5, Utako-Abuja to the 1st and/or the 2nd Plaintiff.
- AN ORDER of this Honourable Court restraining all the Defendants, their agents, servants or privies from interfering with the right of the 1st and/or 2nd Plaintiffs to develop Plot No. 6 within Jabi District, Abuja.
- AN ORDER of this Honourable Court awarding the sum of N10,000,000.00 (Ten Million Naira) only against the 3rd and 4th Defendants to the Plaintiffs for trespass to the property of the Plaintiffs.
- AND for such other orders or further orders as this Honourable Court may deem fit.
The averments of the 1st and 2nd Respondents as Plaintiffs in their Statement of Claim are to the effect that the 1st Respondent was issued a C of O in respect of the land in dispute on 7/6/1998. That the 1st Respondent sold the said land to the 2nd Respondent in 2004, which sale was evidenced by a Deed of Assignment and an Irrevocable Power of Attorney. According to the 1st and 2nd Respondents, the 4th Respondent was made aware of the sale by submitting relevant documents to it. It was further averred that by a letter dated 5/10/2005, the 3rd Respondent revoked the 1st Respondent’s C of O without prior notice or fair hearing. Miffed by the said revocation, the 1st and 2nd Respondents filed the suit culminating into the instant appeal via a Writ of Summons on 18/6/2007.
Upon service of the originating processes on the Defendants, the Appellants as 3rd and 4th Defendants on one hand and the 3rd and 4th Respondents as 1st and 2nd Defendants on the other hand, filed Memorandum of Conditional Appearances as well as notices of preliminary objections. Their objections were basically to the effect that the action was statute barred by virtue of Section 2(a) of the Public Officers (Protection) Act. According to them, the essence of the action was a challenge to the powers of the 3rd and 4th Respondents in revoking the 1st Respondent’s Certificate of Occupancy. The 1st and 2nd Respondents filed a joint reply to the notices of preliminary objection wherein it was contended that the objections were incompetent for being demurrers and that the Public Officers (Protection) Act was inapplicable to an action predicated on recovery of land.
In its ruling on the preliminary objections, the trial Court held that the Defendants’ objections challenged the jurisdiction of the Court and could therefore not be considered demurrer and that the action was caught by Section 2(a) of the Public Officers (Protection) Act. The trial Court declined jurisdiction and consequently dismissed the suit.
The 1st and 2nd Respondents were aggrieved causing them to lodge an appeal before the Court below. The Court below in its judgment, upheld the ruling of the trial Court on the issue of demurrer, but set aside the part of the ruling wherein it was held that the action was statute barred by virtue of Section 2(a) of the Public Officers (Protection) Act. The Court below held further that the applicable law to the suit was Section 15 of the Limitation Act Cap 522 Laws of the Federation of Nigeria which provides for a limitation period of 12 years. Disgruntled by the turn of events, the Appellants instituted this appeal via a Notice of Appeal filed on 23/2/2010.
OLUWOLE ALADEDOYE ESQ., settled the Appellants’ brief of argument filed on 28/5/2010. The following issue was identified by the Appellants’ counsel as arising for determination in this appeal:
“Whether the learned Justices of the Court of Appeal were right not to have invoked the provisions of the Public Officers (Protection) Act having regard to the facts and circumstances of this case? (grounds 1 – 4)”
S.O. IMHANOBE ESQ., settled the 1st & 2nd Respondents’ brief of argument filed on 21/07/2020. Learned counsel formulated the following issue on behalf of the 1st and 2nd Respondents:
“Whether the learned Justices of the lower Court were in error when they held that the applicable law on limitation of time in an action for recovery of land within the Federal Capital Territory Abuja is Section 15 of the Limitation Act, Cap 522, Laws of the Federation of Nigeria?”
The 3rd and 4th Respondents’ brief was filed on 18/3/2022 and same was settled by CHIEF KINSLEY CHUKU who for the determination of the instant appeal adopted the Appellants’ sole issue.
Leave a Reply