Maiulu Nigeria Limited v. Maililu Nigeria Limited (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ABUBAKAR SADIQ UMAR, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Abuja Judicial Division delivered on the 14th May, 2019 wherein the lower court allowed the respondents appeal and set aside the judgment of the High Court of the Federal Capital Territory, Abuja in favour of the appellant.

The appellant in turn is dissatisfied with the judgment of the lower court and has filed this appeal to ventilate its grievance against the judgment.

Brief statement of facts

The respondent originally commenced the action that gave rise to this appeal at the High Court of the Federal Capital Territory, Abuja by a writ of summons and other ancillary originating processes dated and filed on the 11th October, 2011 against the Honourable Minister of the Federal Capital Territory, the Federal Capital Territory Development Authority (FCDA), and one Marinzo Nigeria Limited praying against them as follows:

i) A declaration that by virtue of the 1st defendants Letter of Allocation dated 24th November, 2010, Plot No.96 Cadastra Zone C10, Wumbai District, Abuja Federal Capital Territory measuring 79439.76m2 was allocated to the plaintiff by the 1st and 2nd defendants.

ii) A declaration that the said Plot 96 Cadastra Zone C10, Wumbai District, Abuja Federal Capital Territory measuring 79439.76m2 was never allocated to any other person(s) except the plaintiff.

iii) A declaration that the 3rd defendant is neither a director nor a shareholder of the plaintiff and the 3rd defendant did not enter into any agreement whatsoever with the plaintiff in respect of the Plot 96 Cadastra Zone C10, Wumbai District, Abuja Federal Capital Territory.

iv) A declaration that the posting of military men and personnel to and the fixing of military tent on the plaintiffs said plot at the instance of the 3rd defendant is unlawful.

v) A perpetual injunction restraining the 1st and 2nd defendants from giving effect or any backing or support to the 3rd defendant or its servants, agents or privies with regard to the plot 96 Cadastra Zone C10, Wumbai District, Abuja Federal Capital Territory.

vi) A perpetual injunction restraining the 3rd defendant its servants, assigns, agents and privies from interfering, interrupting or preventing the plaintiff from exercising the right conferred on her by the 1st and 2nd defendants letter dated the 24/11/2010 with regard to the plot 96 Cadastra Zone C10, Wumbai District, Abuja Federal Capital Territory.

On the 29th February, 2012, the names of the Honourable Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority (FCDA) as 1st and 2nd defendants were struck out from the suit upon their unopposed application to that effect thereby leaving Marinzo Nigeria Limited as the sole defendant to the suit. The appellant was joined as the 2nd defendant to the suit by an order of the trial court dated the 25th April, 2012 pursuant to the appellants application dated the 20th March, 2012. Upon being joined, the appellant filed a defence and counter-claim dated the 18th May, 2012 which was subsequently amended and filed on the 27th April, 2013 (pages 223 – 231 of record of appeal). By the said amended defence and counter-claim, the appellant joined issues with the respondent and resisted the aforesaid prayers in the respondents claim. The appellant also in its counterclaim prayed for the following reliefs:

i) A declaration that the 2nd defendant is the rightful owner/holder of the statutory right of occupancy via a letter of allocation in respect of Mass Housing Development Programme within the Federal Capital Territory, issued by the Federal Capital Development Authority in respect of plot No.96 Cadastra Zone C10, Wumbai District, Abuja Federal Capital Territory measuring 79439.76m2 and entitled to the exclusive possession having been duly allocated the said property by the Federal Capital Development Authority, Abuja.

ii) A declaration by this honourable court that the plaintiff was never allocated Plot No. 96, Cadastra Zone C10, Wumbai District, of the Federal Capital Territory, Abuja measuring 79439.76m2 by the Federal Capital Development Authority.