Imonkhuede Ohikhuare V. Amb. Alhaji Shehu Othman Malami & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling)

The subject matter under contention was formerly known as plot No.865 (now plot No.1809) within the Cadastral Zone “A04”, situate in Asokoro, Abuja, the Federal Capital Territory. Ambassador Alhaji Shehu Othman Malami, OFR (1st respondent) by an irrevocable power of attorney, appointed one Sir. Emeka Offor (5th respondent) to take possession, manage and administer the said property on behalf of the Ambassador.

The 2nd and 3rd respondents subsequently revoked the plot in favour of one Mohammed Habib Aliyu (4th respondent). This suit was commenced by the 1st respondent in the High Court of the Federal Capital Territory, Abuja on 9th March, 2010 against (1) Minister of the Federal Capital Territory (2) Federal Capital Development Authority and (3) Mohammed Habib Aliyu claiming declaration and injunctive reliefs against the named defendants. Paragraphs 1 and 2 of the original statement of claim pleaded that:

“1. The plaintiff is a retired Ambassador of the Federal Republic of Nigeria. He is resident at No.25 N’djamena Street, Wuse II, Abuja, FCT.

2. The 1st and 2nd defendants administer land in the FCT. The 3rd Defendant is a natural person to whom the 1st defendant purportedly re-allocated plot No.865 (now plot No.1809) within Cadastral Zone “A04″, Asokoro, Abuja, FCT.”

On the 8th day of June, 2010 Mr. Imonkhuede Ohikuare applied, to be joined as the 4th defendant in the suit on the grounds that he derived title since the year 2000 from Mohammed Habib Aliyu (4th respondent). That he had long developed it, hence he had an interest in the subject matter in dispute. The application was granted on 1st July, 2010 and Mr. Imonkhuede Ohikuare became the 4th defendant in the suit. Both the writ of summons and the statement of claim were duly amended to reflect the joinder. Paragraph 14 of the Amended Statement of claim sought the following reliefs against the 1st -3rd respondents:

“14. WHEREOF the plaintiff claims against the Defendants jointly and severally as follows:

(i) A declaration that the Notice of Revocation of Undeveloped plots within Federal Capital City dated the 5th day of October, 2005 and signed by Oni, O.A. for the Minister (FCT) in respect of plot No.865 (now plot No.1809) within Cadastral Zone “A04”, Asokoro, Abuja, FCT is null.

(ii) A declaration that the plaintiff is entitled to a new/recertified Certificate of Occupancy in respect of plot No.865 (now plot No.1809) within Cadastral Zone “A04”, Asokoro, Abuja, FCT.

(iii) An order of Court setting aside the Notice of Revocation of Undeveloped plots within Federal Capital City dated the 5th day of October, 2005 and signed by Oni, O.A. for the Minister (FCT) in respect of plot No.865 (now plot No.1809) within Cadastral Zone “A04” Asokoro, Abuja, FCT.

(iv) An order of Court mandating the 1st defendant to issue to the plaintiff a new/recertified Certificate of Occupancy in respect of plot No.865 (now plot No.1809) within Cadastral Zone “A04”, Asokoro, Abuja, FCT.

(v) An order of Court setting aside any allocation to the 3rd Defendant by the 1st Defendant of plot No.865 (now plot No.1809) within Cadastral Zone “A04”, Asokoro, Abuja, FCT.

(vi) An order of Court setting aside the purported sale of plot No.865 (now plot No.1809) within Cadastral Zone “A04”, Asokoro, Abuja, FCT by the 3rd Defendant to the 4th Defendant for being null and void ab initio.

(vii) An order of perpetual injunction restraining the Defendants by themselves, their agents or privies from inhibiting or disturbing plaintiff’s possession and equanimity over plot No.865 (now plot No.1809) within Cadastral Zone “A04”, Asokoro, Abuja, FCT.

(viii) The sum of N20,000,000.00 (Twenty Million Naira) only against the Defendants jointly and severally for their wrongful conduct against the plaintiff in respect of plot No.865 (now plot No.1809) within Cadastral Zone “A04″, Asokoro, Abuja, FCT.”