Tonade Business Enterprises Limited & Anor V. President Industries Limited & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the decision of the High Court of the Federal Capital Territory Abuja delivered on the 23rd of October, 2007. The Writ of Summons was taken out of the High Court of the FCT on the 27th of July, 1999 by the Plaintiff who is the Appellant in this Appeal in respect of Plot No. 296, Central Business District, Cadastral Zone AO, Abuja. The plaintiffs’ claim from the defendant is for:-

1. A declaration that the purported revocation of the 2nd Plaintiffs Certificate of Occupancy No. FCT/ABU/MISC.14580 dated 3rd July 1998 by the 2nd Defendant through a letter dated 8th of July, 1999 in respect of the said plot is null and void and of no effect in that (a) as at the time of the said revocation, the same plot was a subject of litigation in Suit No. FCT/HC/CV/371/98 and (b) no notice of revocation was given or served on in accordance with the provisions of the Land Use Act.
2. A declaration that the Plaintiffs are the legal and beneficial owners of Plot 296 measuring 6650.73 square meters, cadastral zone AO, Central Business District Abuja covered by

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certificate of Occupancy No. FCT/ABU/MISC.14580 of 3/7/98.

3. A declaration that any right or interest at all of the 1st Defendant over the said property became extinguished upon the revocation by the 2nd Defendant on 6th September, 1997 and re-allocation of the same to the plaintiff on 3rd July, 1998.
4. An order setting aside the purported revocation of the plaintiffs Certificate of Occupancy No. FCT/ABU/MISC.14580 dated 3/7/98 through the 2nd Defendants letter dated 8th July 1999 with reference number MFCT/LA/MISC.14580 on grounds stated in relief one above.
5. An order setting aside the letter of reinstatement dated 8th July, 1999 with Reference No. MFCT/LA/85/MISC.4215 in favour of the 1st Defendant because it was made at a time when litigation was pending and when the right of the plaintiffs were still subsisting.
6. An order of perpetual injunction restraining the Defendants, either by themselves, their servants, agents, or privies from entering into the said Plot No. 296 Cadastral Zone AO, Central Business District Abuja or doing anything respecting the same which is or may be prejudicial to the Plaintiff’ rights and interests over

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the said plot of land.

7. The sum of Sixty million Naira for general and special damages viz:

i. General Damages – N50,000,000.00

ii. Special damages – N10,000,000.00

Particulars of special damages:

i. Differentiation of cost of construction between 1998 and 2001- N9,000,000.00

ii. Cost of hiring professionals – N1,000,000.00

The Plaintiffs’ claim is based on their position that the plot of land in dispute was allocated by the 2nd Respondent to the 1st Respondent in 1982 and subsequently issued a certificate of occupancy dated 13th of December, 1989, The 2nd Respondent thereafter in exercise of its powers under Section 28(5) of the Land Use Act revoked the 1st Respondent’s right of occupancy on the 6th of June 1997 for failure to develop the plot within two years from the date of the Certificate of Occupancy which is a breach of a fundamental term of the grant of the Certificate of Occupancy. The 2nd Appellant applied to the 2nd respondent for a grant of right of occupancy over a parcel of land to which the 2nd Respondent granted her a right of occupancy over the plot and issued a certificate of occupancy dated 3rd of

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July, 1998.