County & City Bricks Development Company Ltd V. Hon. Minister Of Environment Housing & Urban Development & Anor (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Federal High Court (Coram: Abdullahi Mustapha, CJ) delivered its final judgment in the suit No. FHC/L/CS/368/2007 on 8th June, 2009; wherein it found inter alia that:

i. That there was a contract between the Plaintiff and the 1st Defendant wherein the 1st Defendant agreed to convey to the Plaintiff 16 Hectares of land at lkoyi, Foreshore, lkoyi for a term of 99 years with effect from 1st January 1993 at a premium of N4,500.000.00 and annual Ground Rent of N180,000.00 and that the contract has not been superceded or overriden by the Deed of Lease dated 13th November, 1993 and the Deed of Rectification dated 19th April, 1999.

ii. The conveyance of a lesser area of land in the Deed of Lease dated 13th November, 1993 and the Deed of Rectification dated 19th April, 1999 totaling 10.47 Hectares of Land is not a discharge of the 1st Defendant’s contractual undertaking to convey 16 Hectares of Land to the Plaintiff.

iii. That the 1st Defendant is in breach of the contract for the lease of 16 Hectares of land to the Plaintiff.

The trial Court then further reinforced the findings of fact

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with the following Orders or declarations in favour of the Plaintiff (herein the Appellant) –

1. That the Plaintiff is the person that owns the entire land comprised in the Survey Plan of M. A. FASASI dated 5th May, 1995 with number MAF/322/95/L.
2. That the Plaintiff is entitled to the grant of a Statutory Right of Occupancy over (the) 16 Hectares of Land shown in Annexure CCB/2.
3. That the 1st Defendant has no interest whatsoever in the land (the) subject matter of this suit more particularly described in Annexure CCB/2 and the purported grant of leases or Certificate of Occupancy over same to the 3rd to 8th Defendants are null and void.

The 1st and 2nd Defendants (among 8 defendants) in the said suit at the trial Federal High Court were the 1. Hon. Minister of Environment, Housing and Urban Development, and 2. Attorney General of the Federation, who presently are respectively the 1st and 2nd Respondents in this appeal. They were the Applicants at the lower Court where they sought –

1. AN ORDER of (the) Court extending the time within which – (to) seek leave – to appeal against the Judgment of the Federal High Court, Lagos Division,

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Coram: Mustapha, CJ (as he then was) in suit No. FHC/L/CS/368/2007 delivered on 8th June, 2009 –

2. AN ORDER granting leave to the Applicants to appeal against the Federal High Court Judgment.
3. AN ORDER enlarging the time within which the Applicants may appeal against the Federal High Court Judgment.

At the trial Court, the office of the Attorney-General of the Federation (the 2nd Defendant/Applicant/Respondent), through Itua Eigbe, Esq., represented both the 1st & 2nd

Defendants (herein the Respondents). Mr. Itua Eigbe was by then the Acting Chief State Counsel in the office of the Attorney-General of the Federation. The Respondents herein are, no doubt, both Officers/Departments of the Federal Government of Nigeria.

On 7th July, 2009, through letter No. MJ/CIV/58/07/525, the 2nd Respondent, as Counsel to the 1st Respondent, through the said Itua Eigbe, Esq. advised the 1st Respondent (as the 1st Defendant at the trial):