Abuja Investment And Property Development Company Limited V. Engr. Paul Ibe V. Okoye & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment)

The 1st and 2nd Respondents herein, as Plaintiffs at the High Court of the Federal capital Territory, holden at Abuja, (hereafter called the Trial Court), took out a Writ of Summons on the 10th of July, 2007 against the Appellant, Development Control, FCDA Abuja and Minister, Federal Capital Territory Administration as 1st, 2nd and 3rd Defendants respectively. In this appeal, the 2nd and 3rd Defendants were initially reflected as the 3rd and 4th respondents. At Paragraph 24 of the Amended Statement of claim, the 1st and 2nd Respondents sought the following reliefs:

1. A Declaration that the 1st Defendant is a trespasser in the said Plot 753, Wuye District, Abuja.
2. A Declaration that the action of the Minister, Federal Capital Territory Administration is illegal, unconstitutional and a violation of the civil rights of the Plaintiffs.
3. An Order of the Court directing the 2nd Defendant to demolish whatever structure, if any, the 1st Defendant must have constructed on the said Plot 753 Wuye District Abuja and restore the same Plot to the Plaintiffs in

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line with the Abuja original master plan.

4. A Perpetual injunction restraining the 1st Defendant either by themselves, assigns servants, employees, and privies and or proxies from trespassing upon the land of the Plaintiffs situate at Plot 753, Wuye District, Abuja.
5. Special Damages of the sum of N13,430,080.00.
6. N3 Million as exemplary and general damages.

The Appellant filed a Statement of Defence and a witness Statement on oath which was adopted at the trial. The 3rd and 4th Respondents filed no pleadings. Issues being joined, the matter proceeded to trial.

The Plaintiffs called two witnesses, PW1 and PW2, and tendered Exhibits A, B, C, D, E1-E4, F, G, H and J. The story of the 1st and 2nd Respondents, through their witnesses is that the 1st Respondent is the owner of the Plot of land in dispute which he bought from the one Balusy Nigeria Limited, who in turn derived its title from the 2nd Respondent, the original allottee; and had all the necessary documentation and approvals to establish his title to the plot in dispute. It is stated that the 1st Respondent had started the construction of a commercial complex and all the

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materials necessary for the building of the complex were deposited at the building site. Following a distress call, the 1st Respondent was informed that the Appellant had trespassed into the land, bulldozed everything that was already built, carted away all the materials deposited at the site for the construction of the complex, and commenced the building of lock up shops on the Plot of land. In view of this, this suit was commenced at the Trial Court.

The Appellant called a sole witness who testified as DW1 and tendered Exhibit K. She denied that the Appellant demolished the 1st Respondent’s property.

The 3rd and 4th Respondents filed no pleadings and were not heard at the trial.

In a considered judgment delivered on the 30th of September, 2009, the Trial Court entered judgment in favour of the 1st and 2nd Respondents. At page 405 of the Record, the Trial Court held thus:

“All said, I enter judgment for the Plaintiffs against the 1st Defendant in these terms:

a. A Declaration that the 1st Defendant is a trespasser in the said Plot 753, Wuye District, Abuja.

b. A Perpetual injunction restraining the 1st Defendant either by