Presidential Implementation Committee On Federal Government Landed Properties V. Engr. Isaac B. Osaro & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court Jos Judicial Division, delivered on the 12th day of February, 2015, by Allagoa J.

The brief facts of the case leading to this appeal are as presented by the Appellant. That sequel to the Federal Government’s monetization policy that was being implemented in relation to Federal Government owned properties being occupied by Federal Government staff, the 1st Respondent expressed interest in respect of a two (2) bedroom flat in a block of 4 flats plus 1 room boys’ quarters of No.5A, Flat 4 Mangu Road, GRA Jos, Plateau state. The 1st Respondent’s request was granted by the President, Federal Republic of Nigeria vide a letter dated 14th July, 2010, based on terms and conditions which the 1st Respondent (who was the plaintiff of the trial Court) accepted. The 1st Respondent accepted the terms and conditions as contained in the appellant’s offer letter, Exhibit ‘A’, which terms and conditions were to be fulfilled within 80 days of the acceptance of the offer, but failed and or defaulted to comply with the terms of

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the contract as regards payment of the leasehold. Consequently Notice of revocation and quit notices were served appropriately on the 1st Respondent by the Appellant.

The 1st Respondent then commenced an action by a writ of summons dated 9/12/13 at the Federal High Court Jos Division claiming against the Appellant and one other the following reliefs:

a. A DECLARATION that the purported revocation of the plaintiff’s offer of leasehold interest by the 1st Defendant through its letter dated 8th November, 2013 is wrongful, null and void.

b. A DECLARATION that the plaintiff’s offer of leasehold interest dated 26th March 2012 is legal, valid and subsisting.

c. AN ORDER nullifying the purported notice of Government Intention to recover possession of the property being occupied by the plaintiff situate at 5A, Flat 2 Mangu Road, GRA, Jos, Plateau State.

d. AN ORDER restraining the Defendants from evicting the plaintiff and granting the plaintiff more time to enable plaintiff raise funds to pay the balance of the consideration for the lease in view of plaintiff’s inability to secure a loan to finance the leasehold within the stipulated tenure.

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Pleadings were filed and exchanged, and hearing commenced in the suit. Both 1st Respondent who was the plaintiff of the trial Court and the Appellant who was the 1st defendant of the trial Court called a witness each. The 1st Respondent tendered a total of four (4) exhibits as contained of Pages 14 – 22 of the record. The appellant tendered two (2) exhibits as found at pages 137, 144 – 147 of the record. Both parties filed and adopted their written addresses. At the stage of delivering Judgment, the learned trial Judge after stating the claim of the 1st Respondent (who was the plaintiff) concluded as follows:

“In this suit, the parties joined issues and evidence was led, then parties filed and adopted their written arguments.

It is pertinent to note that this suit in all material particular is same as FHC/J/CS/102/2015 between Mr. Noel Awila v P.I.C.F.G.L and another wherein this Honourable Court has delivered its Judgment in full. The two cases were filed the same date with same defendant and same facts. It is in view of the above that I hereby adopt my judgment in FHC/J/CS/102/2013 Mutatis Mutandis to be my Judgment in this case.