Bossom Ventures Limited V. Federal Capital Development Authority & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of the Federal Capital Territory Abuja delivered on the 24th March 2009 per Aladetoyinbo, J in Suit No. FCT/HC/CV/227/09.

The dispute in respect of title to land between the parties herein relates to a right and certificate of occupancy No. FCT/ABU/MISC/6830 granted to the appellant by the respondents in 1992 over a piece of land situate at and known as Plot 2462 A6 Maitama District measuring about 1.7 hectares. The appellant then applied and was granted permission by the respondents to fence and commence housing development on the land, after which the appellants fenced the land and commenced the construction of housing estate. The respondents, however, served the appellant with a stop work order. The appellant thereupon took out a writ of summons against the respondents at the lower court claiming the following reliefs:-

“1. A declaration that the Plaintiffs are lawful owners, occupiers and users of the property situate at and known as Plot 2462, A6 Maitama District Abuja (“the property in issue”) by virtue of certificate of occupancy No. FCT/ABU/MISC/6830 dated the 10th day of March 1992.

2. A declaration that the Plaintiffs are entitled to an exclusive use and occupation of the property in issue including a right to expel trespassers from the property.
3. A declaration that the stop work order given to the Plaintiffs by the defendants is illegal, null and void.
4. N50,000.00 (fifty thousand Naira) Damages for trespass.
5. An order of perpetual injunction restraining the defendants either by themselves, servants, agents or privies from interfering with or in any way howsoever disturbing the plaintiffs exercise of their lawful rights to an exclusive occupation and use of the property.”

The appellant’s claim as averred in its pleading was amended with leave of court granted on 8th April 2008 wherein appellant sought for the following reliefs against the respondents:-

“a. An order setting aside the defendant’s order for the plaintiff to stop work on plot No. 2462, A6 Maitama covered by certificate of Occupancy FCT/ABU/ MISC/6830 Abuja as same is illegal and unconstitutional.

b. A declaration that the plaintiff is entitled to the use and enjoyment of the property lying and situate at plot No. 2462, A6 Maitama District Abuja covered by certificate of Occupancy No. FCT/ABU/MISC/6830 to the exclusion of the defendants or any other person(s) or institution(s).

c. A declaration that the entry into the property lying and situate at plot No. 2462, A6 Maitama covered by certificate of occupancy FCT/ABU/MISC/6830 by the defendants amount to an act of trespass and therefore wrongful.

d. An order of perpetual injunction restraining the defendants or anybody claiming through them from entering and taking over the land covered by certificates of Occupancy FCT/ABU/MISC/6830 or transferring interest in the property known as plot No, 2462, A6 Maitama District Abuja to any person or company other than the Plaintiff.

e. The sum of N80m (Eighty Million Naira only) as damages for trespass to the property covered by certificate of occupancy No. FCT/ABU/MISC/6830.

ALTERNATIVELY:

a) An Order directing the defendants to compensate the plaintiff with an alternative land/plot.

b) An Order directing the defendants to compensate the plaintiff by refunding to the plaintiffs the money used by the plaintiffs to develop the fence on the said plot, No. 2462, A6 Maitama covered by certificate of Occupancy FCT/ABU/MISC/6830.”

The respondent filed a notice of preliminary objection challenging the competence of the action but abandoned same. The suit was therefore heard and determined on the strength of the appellant’s case.