FCT Sports Council & Ors v. Hon. Minister Of The Federal Capital Territory & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OKON EFRETI ABANG, JCA (Delivering the leading ruling)

In a motion on notice filed on 30/6/2022 brought pursuant to order 6 rules 1(a) of the Court of Appeal Rules 2021, order 4 rule 6(1) & (2) of the Court of Appeal Rules 2021 and under the inherent jurisdiction of this court, the applicants prayed this court for the following reliefs against the respondents:

(i) An order of injunction by this court restraining all the respondents either by their privies, assigns or persons suing through them from taking any act of interference with 103 shops at Zone 3 Neighbourhood Centre, Wuse, Abuja and its appurtenances subject matter of litigation pending the hearing and final determination of the extant appeal lodged by the appellants before this court and the suit still pending at the High Court of FCT.

(ii) An order of injunction by the court restraining the respondents either by their privies, assigns or persons suing through them from taking any action or carrying out any act of interference including demolition of or construction of any structure within and around the 103 shops at the Zone 3 Neighbourhood Centre Wuse, Abuja and its appurtenances subject matter of litigation pending the hearing and final determination of the instant appeal lodged by the applicants herein till the final determination of the suit pending at the High Court of FCT.

(iii) An order of injunction by this court restraining all respondents either by their privies, assigns or persons suing through them from taking any action or carrying out any act of interference of the applicants’ peaceful possession and enjoyment of the 103 Shops at Zone 3 Neighbourhood Centre, Wuse, Abuja and its appurtenances subject matter of litigation during the court’s long vacation pending the hearing and final determination of the extant appeal lodged by the appellants herein and the final determination of the suit still pending at the High Court of FCT.

(iv) An order of injunction by this court restraining the 6th respondent and all of its units and formations from assisting or accompanying or providing security cover to any of the respondents either their privies, assigns or persons suing through them from taking any action or carrying out any act of interference of the applicants’ peaceful possession and enjoyment of the 103 Shops at the Zone 3 Neighbourhood Centre Wuse, Abuja and its appurtenances subject matter of litigation during the court’s annual vacation pending the hearing and final determination of the extant appeal lodged by the applicants herein and the final determination of the suit still pending at the High Court of the Federal Capital Territory.

The grounds in support of the application are as follows:

(1) The applicants are tenants/occupants of the 103 Shops at the Zone 3 Neighbourhood Centre Wuse, Abuja subject matter of litigation in this suit at the trial court.

(2) The 4th, 5th and 7th respondents acting in concert have threatened to demolish the applicants’ Shops without any due process hence the institution of the suit.

(3) The applicants are owner occupiers and were never served with any quite notice.

(4) That the 5th respondent without following due process applied to the Honourable Chief Judge of FCT High Court who erroneously assigned this suit to the lower court as a fast track matter and the lower court erroneously assumed jurisdiction.

(5) The applicants have lodged an appeal to the honourable court challenging the jurisdiction of the lower court to entertain the matter as a fast track case.

(6) The said appeal has been entered and the applicants have equally filed a motion for stay of proceedings at the trial court which has been kept in abeyance.

(7) Meanwhile the 5th respondent applied and the honourable trial court set aside its earlier order of interim injunction made on the 2nd September, 2021 restraining parties from interfering with the res in the suit.