Aso Tim Doz Investment Company Limited V. Abuja Markets Management Limited & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the ruling of Honorable Justice M. M, Dodo of the High Court of the Federal Capital Territory, Abuja delivered on the 25th of June, 2010 in suit No. CV/1613/06, declining jurisdiction; the plaintiff/appellant claims the following reliefs in its amended statement of claim dated 15th January, 2010:

“1. A declaration that the plaintiff is the bonafide owner/the administrator of all the shops in the said Garki II Model Market, Abuja.

2. A declaration that the defendant has no legal right over the said market known and situated at Garki II Model Market, Garki, Abuja.
3. A declaration that the Certificate of Occupancy issued to the plaintiffs by the Federal capital Territory and signed by the then Hon. Minister of Federal Capital Territory, LT. Gen. J. T. Useni is still valid and subsisting and the title of the Plaintiff is for 99 years.
4. An order of perpetual injunction restraining the Defendants, their assigns, private agents and by whosoever name called from ejecting, threatening, intimating, harassing or threatening to eject the

Plaintiff and its officials from administering and/or managing the said market known and situated at Garki

II Model Market, Abuja.

5. A declaration that the Defendants are trespassers to the said market.
6. An injunction restraining the Defendants in either by themselves, assigns, private, agents, representatives, whosoever or by whatsoever name called from threatening, intimidating or harassing any of the shop owners/traders or officials of the Plaintiff in the said market.
7. A declaration that the revocation of the land and building situated and known as Garki II Model Market, Abuja with file No.MFCT/LA/95/MISC/12927 by the minister of the FCT and or by whosoever purporting to act?on his behalf is illegal, unconstitutional and a violation of the plaintiff civil right
8. An order of this Court declaring as a nullity, all action taken by the minister FCTA or whomsoever purporting to act on his behalf in respect?of the land and buildings situated and known as Garki II Model Market, Abuja.”

The trial Court upheld the preliminary objection of the defendant/respondent, to the effect that it had no jurisdiction to entertain the matter.

Dissatisfied, the appellant appealed by a notice of appeal dated the 30th June, 2010, on two grounds, without the particulars as follows:

“GROUND ONE:

The learned trial judge erred in law when he held thus:

“Based on the above decision, I am of the firm belief that the 2nd defendant is a public officer hence protected and thus enjoys the fruit of Section 2(a) of the Public Officers Protection Act”.

GROUND TWO.

The learned trial judge erred in law when he held that the suit is statute barred when it is apparent from the statement of claim that the 2nd Defendant acted outside the powers granted him under Section 28(b) of the Land Use Act.”

From these grounds, the appellant formulated the following issues for determination by this Court:

1. Whether the 2nd respondent is a public officer for him to be protected under Section 2 (a) of the Public Officers Protection Act, 2004.
2. Assuming but not conceding that the 2nd respondent is a public officer, whether the revocation of the appellant’s certificate of Occupancy and subsequent re allocation to the 1st respondent can be said to be for an overriding public interest as

stipulated in Section 28 of the Land Use Act.