National Hospital, Abuja & Ors V. National Commission For Colleges Of Education & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment)

This appeal arose from the Ruling of Nyako J, of the Federal High Court Abuja delivered on the 31/7/06. The appellants herein as plaintiffs, instituted an action before the Federal High Court Abuja and in their statement of claim prayed for –

(a) A declaration that the 1st defendant being an Agency of the Federal Republic of Nigeria and having acquired interest in Plot No. 2333 Kigoma Street, Wuse Zone 7 Abuja same rest entirely on the Federal Republic of Nigeria and subject to disposal by the Ad-Hoc Committee set up for the sales of Federal Government Properties.

(b) A declaration that the 2nd – 13th plaintiffs being Public Servants by virtue of their employment with the first plaintiff and being the respective occupants of the various flats at plot 2333 Kigoma Street, Wuse Zone 7 Abuja are entitled to benefit and or be offered the right to purchase their respective accommodations in line with the Federal Government Monetization Policy.

(c) A declaration that the 2nd – 13th plaintiffs having been duly issued with various letters of offer for the sale of the flats contained in plot No. 2333 Kigoma Street Wuse Zone 7 Abuja by the 2nd and 3rd Defendants and having duly accepted same, the said plaintiffs are rightful allottees and or owners of the flats contained in the said plot of land and entitled to undisturbed and unencumbered possession and occupation.

(d) A declaration that the purported Public Auction Sale of plot No. 2333 Kigoma Street Wuse Zone 7 Abuja by Public Auction to the 4th Defendants is illegal and void.

(e) An order setting aside the purported sale of plot No. 2333 Kigoma Street, Wuse Zone 7 Abuja by Public Auction to the 4th Defendant.

(f) An order of prohibitive injunction restraining the Defendants either by themselves, servants, agents, privies howsoever from disturbing, ejecting or interfering with the 2nd to 13th plaintiffs’ peaceful enjoyment or occupation of the flats contained in the said property by virtue of the judgment or order of the Federal High Court Kaduna in Suit No: FHC/KD/CS/93/99.

The 1st respondent herein, as the 1st defendant before the Federal High Court Abuja (hereafter referred to as the trial court), filed its statement of Defence and also filed a Motion on Notice praying the trial court to dismiss or strike out the Action on the grounds that (i) the plaintiff lacks the locus standi to bring the action (ii) the court lacks the jurisdiction to hear it as the Federal High Court Kaduna had, in Suit No. FHC/KD/CS/93/99, ordered that the property in dispute be sold by public auction, which had been carried out and (iii) the action is an abuse of process.

After hearing the parties on the Motion, the trial court delivered its Ruling on the 31/7/06 and struck out the Suit.

Being dissatisfied with that Ruling, the appellants filed on the 3/5/06, a Notice and two grounds of appeal, which are reproduced here, without their particulars –

(1) The learned trial Federal High Court Judge erred in law when she (sic) held that the Appellants lacked the locus standi to institute the Suit which by their statement of claim they did not only establish a Justiciable dispute between them and the Respondents but their respective interest in the property in dispute.

(2) The learned Federal High Court Judge erred in law when in considering whether or not the Appellants have locus standi to institute the Suit, she (sic) based her ruling on the Affidavit Evidence filed without reference to the statement of claim of the Appellants.

In the Appellants’ Brief of Argument settled by their learned counsel E. Y. Kurah, filed on the 13/12/06, the appellants formulated one issue for determination thus: –