Alhaji Yekini Jimoh V. The Honourable Minister Federal Capital Territory & Ors (2006)
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JOSEPH E. EKANEM, JCA.
By a motion on notice dated 21/1/2016 and filed on 22/1/2016 the applicant seeks the following reliefs:
“1. AN ORDER that the warrant for possession issued in the above Suit No: FCT/HC/CV/1991/2010 by the Chief Registrar and Deputy Sheriff of the High Court of the Federal Capital Territory, Abuja Judicial Division, Abuja, at the instance of the 3rd Respondent be set aside and the Appellant/Applicant restored into possession of his property at plot 108, Jabi Cadastral Zone, BO4, Federal Capital Territory, Abuja called plot 31, Umaru Dikko Street, Jabi, Federal Capital Territory, Abuja, which is in dispute in the Appellant’s appeal to the Supreme Court of Nigeria pending the hearing and the determination by this Honourable Court, of the Appellant/Applicant’s Motion on Notice for stay of execution and /or injunction dated and filed on 2/7/2015 in Appeal No: CA/A/26A/2012 BETWEEN ALHAJI YEKINI JIMOH and THE HONOURABLE MINISTER FEDERAL CAPITAL TERRITORY, FEDERAL CAPITAL DEVELOPMENT AUTHORITY AND ALHAJI BABA MUSTAPHA (suing through his authorized ATTORNEY/REPRESENTATIVE ALHAJI MOHAMMED SANI MUSA.
- AN ORDER setting aside the purported execution by, and all other steps by, the 3rd Respondent in the purported execution of the judgment of the High Court of the federal Capital Territory, Abuja Judicial Division, Abuja, delivered on the 7th day of December, 2011, by Honourable Justice S.E. ALADETOYINBO in Suit No: FACT/HC/CV/1991/2010 between ALHAJI BABA MUSTAPHA (suing through his authorized ATTORNEY/REPRESENTATIVE ALHAJI MOHAMMED SANI MUSA and THE HONOURABLE MINISTER FEDERAL CAPITAL TERRITORY, FEDERAL CAPITAL DEVELOPMENT AUTHORITY and ALHAJI YEKINI JIMOH which was affirmed by this Honourable Court on the 1st day of July, 2015 in Appeal No: CA/A/26A/2012 between ALHAJI YEKINI JIMOH and THE HONOURABLE MINISTER FEDERAL CAPITAL TERRITORY, FEDERAL CAPITAL DEVELOPMENT AUTHORITY and ALHAJI BABA MUSTAPHA (suing through his authorized Attorney/Representatives ALHAJI MOHAMMED SANI MUSA) levied on the Appellant/Applicants property at plot 108, Jabi Cadastral Zone, B04, Federal Capital Territory, Abuja municipally called plot 31, Umaru Dikko Street, Jabi Federal Capital Territory, Abuja on the 9/12/2015 and 14/1/2016 after the Appellant/Applicant had appealed to the Supreme Court against the said judgment and whilst the Appellant/Applicant’s Motion on Notice for stay of execution and/or injunction dated and tiled on 2/7/2015 was pending before this Honourable Court.
- AN ORDER that further steps by the 3rd Respondent in the execution of the judgment of the High Court of the Federal Capital Territory, Abuja Judicial Division, Abuja, delivered on the 7th day of December, 2011, by Honourable Justice S. E. Aladetoyinbo in Suit No: FCT/HC/CV/1991/2010 between ALHAJI BABA MUSTAPHA (suing through his authorized ATTORNEY /REPRESENTATIVE ALHAJI MOHAMMED SANI MUSA AND THE HONOURABLE MINISTER FEDERAL CAPITAL TERRITORY, FEDERAL CAPITAL DEVELOPMENT AUTHORITY AND ALHAJI YEKINI JIMOH which was affirmed by this Honourable court in the said Appeal No: CA/A/26A/2012 and now on appeal by the Appellant/Applicant to the Supreme Court of Nigeria be stayed and /or the 3rd Respondent be restrained from taking further steps in respect of the said purported execution pending the hearing and determination of the Appellant/Applicant’s Motion on Notice for stay of execution and/or Injunction dated and filed on 2/7/2015, pending at this Honourable Court.
- AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in the circumstances.”
The application is founded on eleven grounds which are set out in the motion paper. The application is supported by;
(i) A 35- paragraph affidavit deposed by one Edugie Abigail Abebe with the consent of the applicant, with 24 Exhibits numbered C1 – C 24 attached;
(ii) A further affidavit filed on 22/2/2016;
(iii) A 2nd further affidavit filed on 23/2/2016; and
(iv) A written address filed on 10/3/2016; and
(v) A reply on points of law
The 3rd respondent filed:
(i) A 26-paragraph counter-affidavit deposed to by Charles Jibuaka, Esq; a counsel in the Chambers representing the 3rd respondent with exhibits A, B, C, D, E, F, G, and H attached; filed on 3/2/2016.
(ii) An 8-paragraph further counter-affidavit still sworn to by Charles Jibuaka, Esq; with Exhibit “X” attached;
(iii) A written address filed on 15/3/2016;
On 7/4/2016, when the motion was moved counsel for the applicant M. I. Igbokwe (SAN) adopted and relied on his processes, and urged the court to grant the reliefs sought.
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