MR Paul Chibueze Emelie & Ors V. Federal Housing Authority (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the Federal High Court, Lagos Division, delivered by M.N YUNUSA J. on the 21st day of October 2013 wherein the suit filed by the Plaintiff (now Appellant) was struck out on the grounds of misjoinder of parties and cause of action.

By an originating summons filed on the 11th day of May 2002 the Appellants herein, as Plaintiffs sought the determination of the following questions by the lower Court. To wit:

1. Whether the Defendant, by virtue of the Constitution of the Federal Republic of Nigeria, 1999, the Land Use Act Cap 202, The Federal Housing Authority Act, Cap 136, Laws of the Federation of Nigeria, 1990 and the Contract between the Federal Housing Authority and the Lessees of various plots of land in Festac Town, has the authority and power to revoke the plots of land duly leased to the Plaintiffs by the Defendant.
2. Whether the purported revocation made by the Defendant in Guardian Newspapers of 11th March, 2002 and 29th April 2002 is valid in law.
3. Whether the reasons adduced by the Defendant

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for the revocation of the Plaintiffs? land in the said publications is cognizable in law and can ground revocation.

4.The Plaintiffs also seek a declaration of this Honorable Court that the revocation or purported revocation by the Defendant of the leasehold interests of the various parcels of land duly leased to the Plaintiffs by the Defendant is ultra vires the powers of the Defendant and the same is null and void and of no effect whatsoever.

The fact in a nutshell is that the Appellants are lessees of various plots of land in Festac Town Lagos for 98 years from the Federal Housing Authority (the Respondent) and they have paid the premium, ground rents and development charges with respect of the said plots of land to the Respondent. However on the 11th March 2002 and 29th April 2002, the Respondent published in the Guardian Newspaper a general revocation of the plots of land belonging to the Appellants as well as cancellation of all approved building plans granted to them. The reason given for the said revocation was to plan sand filling and infrastructural facilities in the affected areas.

This prompted the Appellants to file

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the originating summons seeking the determination of the issues aforementioned. It is worth mentioning that two separate interlocutory appeals filed by the Respondents against the Ruling of the lower Court, were dismissed by this Court in two separate judgments reported asFHA VS EMELIE (2013) 5 NWLR (PT 1347) 281 and FHA VS EMELIE (2013) 3 NWLR (PT 1342) 478 respectively.

Subsequently, and not done, the Respondent filed another Notice of Preliminary Objection challenging the jurisdiction of the lower Court to hear the matter on the following grounds:-

(i) The suit is incompetent for wrong joinder of parties and cause of action and ought to be dismissed and or struck out.

(ii) The suit as presently constituted ought not to be entertained.

(iii) The suit is an abuse of Court process.