Gozbuks Nigeria Ltd & Ors v. Corporate Ideals Securities Ltd & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading ruling)

By this application filed vide a motion on notice dated and filed on 04/04/2024 brought pursuant to section 243(1)(a) & (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), section 15 Court of Appeal Act, and order 6 rule 1, 2, and 6 of the Court of Appeal Rules, 2021, the interested parties/appellant/applicants (applicants) pray for the following reliefs:

1) An order granting leave to the applicants to appeal against the judgment of the High Court of the Federal Capital Territory, Abuja Coram A. A. I Bankjoko (as he then was) delivered on 6th February, 2019, in suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon. Minister Federal Capital Territory & Anor, as interested parties or persons, pursuant to sections 242(1)

and 243(1)(a) of the Constitution of the Federal Republic of Nigeria 1999, (as amended).

2) An order extending the time within which the applicants may seek leave to appeal, against the judgment of the High Court of the Federal Capital Territory, Abuja, Coram A.A.I Bankjoko (as he then was) delivered on 6th February 2019, in suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon. Minister Federal Capital Territory & Anor.

3) An order granting leave to the applicant to appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, A. A. I Bankjoko (as he then was) delivered on 6th February 2019, in suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon. Minister Federal Capital Territory & Anor.

4) An order extending the time within which the applicants may appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, Coram A.A.I Bankjoko (as he then was) delivered on February 2019, in suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon. Minister Federal Capital Territory & Anor.

5) An order granting leave to the applicants to appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, Coram A.A.I Bankjoko (as he then was) delivered on 6th February, 2019, in suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon. Minister Federal Capital Territory & Anor on grounds of mixed law and facts;

And for such further(s) as this honourable court may deem fit to make in the circumstances.

The grounds for bringing this application include: –

a) The Corporate Ideals Securities Ltd filed suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon. Minister Federal Capital Territory & Anor claiming ownership over Plot No. 413, Cadastral Zone A09, Guzape District, Abuja (hereinafter “disputed land”);

b) On the day of February 2019, the trial court entered judgment in favour of Corporate Ideals Securities and thereby making declarations and orders activating its supposed ownership and including ordering the Hon. Minister of the Federal Capital Territory and Federal Capital Development Authority to issue a certificate of occupancy to Corporate Ideals Securities Ltd over the disputed land;

c) The applicants who are the original allotees of the disputed land from the Abuja Metropolitan Management Agency (Department of Parks & Creation) and have been in prior possession of the disputed property were neither made parties nor were aware of the proceedings;

d) The entire proceedings and the said judgment in suit No: FCT/HC/CV/0924/18 between Corporate Ideals Securities Ltd v. Hon Minister Federal Capital Territory & Anor was in the absence of the applicants;