Dr. Taiye Dejo Akanji V. Federal Ministry Of Lands, Housing & Urban Development & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision contained in the Ruling of the Federal High Court sitting in Kaduna delivered in Suit No FHC/KD/CS/12/2014 by Honorable Justice Evelyn N. Anyadike on the 20th of April, 2015. The Appellant commenced the action in the lower Court, as plaintiff, against the Respondents, as first to third defendants, and his claims by a statement of claim dated the 17th of February, 2014 were for:

i. A declaration that the allocation to the Plaintiff of a house/flat at the Federal Staff Quarters No. 23a, FSHE, Barnawa, Kaduna, Kaduna State by the agents of the Defendants is valid, effective, operative and subsisting.

?ii. A declaration that the letter dated the 29th of December 2003 and titled “Allocation of Federal Government Quarters” written by the agents of the Defendants to the Plaintiff and communicating to the Plaintiff the said allocation of a house/flat at the Federal Staff Quarters No. 23a, FSHE Barnawa, Kaduna, Kaduna State by the agents of the Defendants is valid, effective, operative and subsisting.

iii. A declaration that the offer to the

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Plaintiff of a leasehold interest in and over a two-bedroom semi-detached bungalow in the Federal Government landed property which is contained in the letter dated 27th of October, 2011 and titled “Offer of a Leasehold Interest in Federal Government Landed Property in the States FSHE JQ23A, Barnawa, Kaduna, Kaduna State 2-Bedroom Semi Detached Bungalow for N1,360,000.00” is valid, effective, operative and subsisting.

Iv A declaration that the letter dated 27th of October, 2011, and titled “Offer of a Leasehold Interest in Federal Government Landed Property in the States FSHE JQ23A, Barnawa, Kaduna, Kaduna State 2-Bedroom Semi Detached Bungalow for N1,360,000.00” by which the offer was made of a leasehold interest in and over a 2-bedroom semi-detached bungalow in the Federal Government Land Property in Kaduna State is valid, effective, operative and subsisting.

v. A declaration that the purported revocation of the offer of a leasehold interest to the Plaintiff in and over a 2-bedroom semi-detached bungalow in the Federal Government Land Property in Kaduna State JQ23A, Barnawa, Kaduna, Kaduna State is unreasonable, illegal, unconstitutional, null and void.

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vi. A declaration that the letter dated 9th of January, 2014 and titled “Revocation of Offer of Leasehold Interest Notice of Government Intention to Recover Federal Government Landed Property” communicating to the Plaintiff the purported revocation of the offer of a leasehold interest to the Plaintiff in and over a 2-bedroom semi-detached bungalow in the Federal Government Land Property in Kaduna State JQ23A, Barnawa, Kaduna, Kaduna State is invalid, illegal, unconstitutional, null and void.

vii. An order setting aside the letter dated 9th of January, 2014 and titled “Revocation of Offer of Leasehold Interest Notice of Government Intention to Recover Federal Government Landed Property” containing the purported revocation of the offer of a leasehold interest to the Plaintiff in and over a 2-bedroom semi-detached bungalow in the Federal Government Land Property in Kaduna State JQ23A, Barnawa, Kaduna, Kaduna State.

viii. An order/decree of specific performance directing all the Defendants to perfect and complete the lease agreement validly entered into by the parties and to convey a valid right of occupancy to the Plaintiff having furnished

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