Chief A.O. Nwosu & Anor V. Chukwurah Offor (1997)

LAWGLOBAL HUB Lead Judgment Report

O. OGWUEGBU, J.S.C. 

The plaintiff filed an action in the High Court of Justice. Plateau State holden at Jos claiming the following: reliefs from the defendants jointly and severally:

“(a) A declaration that the defendants are not entitled to enter or remain in or use the said premises.

(b) An order setting aside the Certificate of Occupancy covering the premises fraudulently procured by the defendants.

(c) Possession of the said premise:–.

(d) (i) Damages or mesne profits of N 1.000.000 at the rate of N4,000 per annum from 1st January, 1962 until possession is delivered up.

(ii) General damages.

(e) An injunction.

After filing their joint statement of defence, the defendants moved the court to dismiss the plaintiffs claim on the following grounds:-

“(a) The Certificate of Occupancy or title which Mr. Offor (deceased) had in No. 24 Wilberforce Avenue (now No. 24 Zik Avenue) Jos determined, after nine month immediately following Offor’s death.

The revocation of the Certificate of Occupancy by the Local Authority divested late Offor’s estate of all proprietary interest in and title to the said property (sic) has no title or interest to protect, neither has he a locus standi in this case.”

The plaintiff sued in his capacity as the Administrator of the estate of R.O. Offor (deceased) and the property in dispute is known as No. 24. Zik Avenue, Jos Plateau State.

After hearing oral arguments on the motion, the learned trial Judge dismissed the application. The defendants who were dissatisfied with the ruling appealed to the Court of Appeal. The following three grounds of appeal were filed by the ‘defendants in the Court below:-

Grounds of Appeal