Hon. Minister, Federal Capital Territory & Anor V. Mononia Hotel Nigeria Limited & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

This appeal is from the decision of the FCT High Court contained in a ruling delivered on the 14/5/2007 in Suit No. FCT/HC/CV/1654/2006 dismissing a preliminary objection that the action was statute barred. The 1st Respondent herein, as Plaintiff in the High Court, had taken out a writ of summons on which were endorsed claims for declarations, injunction and damages against the Appellants. The claims were repeated in the statement of claim which accompanied the writ filed on the 14/7/2006.

After receipt of the writ and the statement of claim, the Appellants entered a conditional appearance and raised the preliminary objection that the action was by virtue of the provisions of Section 2(a) of the Public officers Protection Act, cap 379, Laws of the Federation of Nigeria, 1990, (to be called cap 379 after now) statute barred on the ground that it was filed after expiration of three (3) months from the date the cause of the action arose.

The facts from which the action arose as set out in the record of the appeal briefly put, are that the Appellants by a notice of revocation dated 5/10/05 revoked the rights and interests contained in the Certificate of occupancy No. FCT/ABU/MISC.7005 dated the 29/6/1995 issued to the 1st Respondent in respect of a parcel of land described as Plot 287, Cadastral Zone P5, Utako District of the FCT. In other words, the Certificate of Occupancy in respect of the above piece of land issued to the 1st Respondent was revoked vide the notice of revocation dated the 5/10/05 by the Appellants.

As stated above, the FCT High Court dismissed the preliminary objection and the Appellants being dissatisfied with that decision, filed the present appeal vide the Notice of Appeal dated the 25/5/07 which is at pages 72-74 of the record of appeal. Due to their brevity, I can afford to set out the four (4) grounds contained on the notice of appeal and they are as follows:-

“GROUND 1

The learned trial Judge erred in law when he held that the Defendants’ Preliminary Objection was a demurrer.

PARTICULARS

The learned trial Judge failed to properly avert his mind to the authorities cited by the Applicants’ counsel

GROUND 2

The learned trial Judge erred in law when the held that the date of service of the letter of revocation on the Plaintiff not having been pleaded, the Defendants’ Preliminary Objection is not sustainable.

PARTICALARS

The learned trial Judge delved into an issue for substantive trial while ruling on an application in limine.

GROUND 3