M.r.s. Project Development & Consulting Limited V. L.T.B. Nigeria Limited (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of J.O. Pedro (Mrs.) Judge of the High Court of Lagos State Ikeja Judicial Division, delivered on the 15th day of November 2011, whereby at page 5 of the Ruling (page 507 of the Record of Appeal) she held thus

“I hold that in order to determine once and for all the issues before the court this matter shall proceed to trial immediately where evidence can be tied in proof of the pleadings before the court and documentary evidence scrutinized and findings made thereon. And I so hold.”

FACTS

This is sequel to an application dated the 8th of February 2010, but filed on the 10th of February 2010, wherein the Claimant/Applicant (Appellant in the present appeal) sought the following order of the court

below viz

“An ORDER or this Honourable Court that the questions listed hereunder can conveniently be decided by way of special case during Pre-Trial conference in this suit. The questions are as follows:

(i) Whether in determining which of the parties in this suit was in possession of the subject property in

dispute prior to the commencement of proceedings, the Honourable court ought to hold that it is the party that can prove a better title in law, is the party in legal possession of the said subject property.

(ii) Whether upon a combined reading of Section 1 of the Lands (Title Vesting ETC) Act Cap, L7, Laws of the Federation of Nigeria 2004 and Section 49 of the Land Use Act 1975 Cap, L5, Laws of the Federation of Nigeria 2004, Lagos State Government can issue a valid Certificate of Occupancy in respect of the subject property in dispute?

(iii) Whether by virtue of the creation of Lagos State in 1967 as well as the promulgation of Section 1 of the Land Use Act 1978 Cap L5, Law of the Federation of Nigeria 2004, the Federal Government of Nigeria can grant any form of interest in respect of waterfront property in Lagos State as it has done in the circumstances of this suit.”

The 1st Respondent also filed a similar application. Both applications were granted by the Lower Court and the parties did consent to the questions of law to be determined by special case and compile same for filing.

From the record, both parties completed and filed questions to be decided by way of “special case” along with supporting documentation on the 7th of May 2010. Written addresses were filed and exchanged in support thereof. Same was granted, vide enrolled order of court of 11th day of May 2010 – pages 487-488 of the Record of Appeal.

All these took place at the Pre-Trial conference stage.