Aminu Bala V. Alhaji Hassan Gur & Ors (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 delivered on the 29th March, 2012, dismissing the appellant’s objections and granting the reliefs sought by the 1st respondent.

The appellant was in occupation of Block 9 flat 10 Katampe NSITF estate (the house in dispute) belonging to the 2nd respondent herein, Nigerian Social Insurance Trust Fund Plc (NSIF). The house in dispute as well as others, were transferred to the 3rd respondent herein (Trust Fund pension plc). The 2nd and 3rd respondents offered to the appellant as a tenant, the first option to purchase the disputed property, via a letter dated 10/11/06.

He accepted the offer, paid 10% of the purchase price and offered to pay the balance later, as agreed. The 2nd and 3rd respondents later suspended the sales and reviewed the price and the time period within which payment could be made. The appellant and other co-tenants felt aggrieved and sued the 2nd and 3rd respondents at the Federal High Court Abuja, in Suit No. ABJ/C5/11212009. One profund properties Limited was the

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3rd defendant. The Suit was for specific performance of the earlier contract sale agreement.

During the pendency of that Suit, the 2nd and 3rd respondents sold the disputed house to the 1st respondent, who sued the appellant initially at the Magistrate Court for possession. The Suit was struck out. He then commenced the action giving rise to this appeal, by way of Originating Summons. The 1st respondent here, was the plaintiff. The 2nd and 3rd respondents herein, were 1st and 2nd defendants. The appellant here, was the 3rd defendant.

The Appellant filed a Preliminary Objection to the Suit. The 2nd respondent also filed a Preliminary Objection to the Suit. Affidavits and counter-affidavits were filed in support or in opposition to the Originating Summons. The Preliminary Objection of the appellant was dismissed and the prayers of the 1st respondent were granted.

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The appellant’s brief was settled by his counsel, Gordy Uche, now SAN, and was filed on the 10/7/12. In it, four issues were identified for resolution. They read ?

i. Was the learned trial judge right in holding that the 1st Respondent’s Suit was competently brought by

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Originating Summons? (Ground 2).

li. Was the learned trial judge right in holding that the 1st Respondent had locus standi to institute the action? (Ground 1).