Nigerian Defence Acadamy & Ors v. C.J. Grocery Trading Company Limited (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Kaduna State High Court sitting at Kaduna delivered by Hon. Justice B. U. Sukola in suit No. KDH/KAD/17/2015, on the 4th day of October, 2018, wherein the trial Judge after listening to all evidence, and prepared his judgment passed on to the great beyond and the Chief Judge handed the filed to Hon. Justice Dakkas who delivered the judgment and granted all the respondent’s claims.

The appellants were the defendants, while the respondent was the Plaintiff at the trial court. The appellants being aggrieved with the decision of the trial court entering judgment for the respondent on all claims, had appealed against same to this court.

The appellants amended their notice of appeal and the said amended notice of appeal dated 25th day of April, 2022, was filed on the 9th of May, 2022. The amended notice of appeal which challenged the decision of the trial court on thirteen grounds.

The record of appeal was compiled and transmitted to this court on the 6th of March, 2019, but deemed properly transmitted on the 1st of February, 2022. Additional record of appeal was equally transmitted to this court on the 29th of June, 2022, but properly on the 28th of November, 2022.

The appellants’ brief was filed on the 9th day of May, 2022, and deemed properly filed and serve on the 17th of May, 2022. The respondent’s brief of argument was filed on the 10th of June, 2022. The appellant upon receipt of the respondent’s brief did not filed a reply brief.

At the hearing of the appeal, counsel to both appellant and respondent adopted their respective briefs upon which this court reserved the appeal for judgment.

This appeal emanated from the decision of the Kaduna State High Court sitting at Kaduna hereinafter referred to as the trial court.

The respondent who was the plaintiff at the trial court commenced this suit by way of writ of summons dated the 4th day of May, 2015, and filed on the same date, wherein she claimed the following reliefs:

a. A declaration that the Federal Government of Nigeria has by virtue of offer letter of 14/7/2010 transferred leasehold interest and rights over 2B, Lokoja Crescent, Barnawa, Kaduna to Mrs. Nike Kudirat Gomina.

b. A declaration that the plaintiff is now seised of the rights, interest and title of Mrs Nike Kudirat Gomina over 2B Lokoja Crescent, Barnawa, Kaduna by virtue of registered assignment of KDR 103 at page 103 in volume 179 (miscellaneous) of the Kaduna State Lands Registry and Certificate of Occupancy No. KD 31351 registered as No. 35 at page 35 in volume 158 (Certificate of Occupancy) at Kaduna.

c. A declaration that the 1st defendant, being a subordinate entity, set up by, controlled, maintained and financed by the Federal Government cannot nullify, review and repudiate any contract entered into by the Federal Government with third parties over its assets.

d. A declaration that the defendants not being parties to the contract of lease of house as contained in the letter of offer dated 14/7/2010 executed in favor of plaintiffs transferor cannot purport to repudiate, review said contract.

e. Sum of N10,000,000 (Ten million naira) as general damages jointly and severally against defendants for repeated acts of trespass committed on 2B, Lokoja Crescent, Barnawa, Kaduna.