Federal Capital Development Authority & Ors V. Unique Future Leaders International Limited (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA J.C.A. (Delivering the Leading Judgment)

The original appeal is against the judgment of the High court of the federal capital territory, of the 19th of September, 2012; presided by Honourable Justice Jude O. Okeke, sitting at Abuja.

The respondent, as plaintiff at the trial court sought by an amended writ of summons and statement of claim filed on the 27th of October, 2009 against the appellants, as defendants, the reliefs claimed therein; the 3rd appellant, as 3rd defendant filed an amended statement of defence on the 3rd of November, 2009 in response; and the 1st and 2nd appellants, as 1st and 2nd defendants filed their joint statement of defence on the 23rd of November, 2009, and later a 2nd amended joint statement of defence on the 28th of June, 2010; in response to which the respondents, as plaintiff filed a reply to the 1st and 2nd defendants amended joint statement of defence, and 3rd defendant’s amended statement of defence on the 1st of December.2009.

The two notices of appeal in this case were the 1st filed by the defendants at the trial court, to whom I shall refer to as appellants in this appeal, on the 2nd of October 2012; and the other by the plaintiff at the trial court, to whom I shall refer to as the respondent here, on the 1st of November 2012; the appellants, notice of appeal was amended with leave of this court on the 11th of February 2014, and same was deemed filed and served on the 15th of January 2013.

The record of proceedings show that the respondent called one witness at the trial court, while the 1st and 2nd appellants called two witnesses; the 3rd defendant testified on his own behalf.

At the end of the day judgment was entered for the respondent by the trial court, with damages of N500,000, against the 1st and 2nd appellants, jointly and severally, with 10% interest from the date of judgment.

All the appellants were restrained from interfering with the respondent’s title over the plot in dispute, located at 929 Cadastral Zone, 805 Utako district,Abuja.

At the trial court the respondent’s claim is for:

a) A declaration that the revocation of the respondent’s right of occupancy in the property in dispute and vesting same on the 3rd appellant is unlawful.

b) An order of specific performance, directing the 1st and 2nd appellants to receive the respondent’s Bank draft issued in satisfaction of the fees for certificate of occupancy of the plot in dispute, as well as directing the 1st and 2nd appellants to vest title of the said plot in the respondent, by issuing the necessary certificate of occupancy.

c) An order directing the 1st and 2nd appellants, jointly and severally to pay the sum of N100,000,000, to the respondent as exemplary, aggravated and general damages.

d) An order directing the 1st and 2nd appellants to pay interest to the respondent on the sum awarded in damages, at the rate of 10% per annum, from judgment, until liquidation.

e) A declaration that Tahee-zul Quran Enterprises is not a juristic person, to be vested with interest in land.

f) Alternatively the allocation of the plot in dispute to Tahfeezul Quran enterprises is illegal.