Semiu Lawal V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment)

The Appeal is against the decision of a High Court of Justice, FCT, Abuja (Coram S. E. Alade Toyinbo J.) delivered on the 30th day of June, 2009 in suit No. FCT/HC/CV/496/2009.

The facts of the case from the record are that, the 1st Respondent was the original allottee of Plot 852 Cadastral Zone A04 Asokoro District, Abuja (Municipally called Plot 62 Ali Akilu Crescent, Asokoro Abuja) having been originally earlier allocated to him by the 2nd Respondent in 2001.

He took the Right of Occupancy to AGIS for recertification in 2006, when it was purportedly revoked and re-allocated to the Appellant and issued him a Certificate of Occupancy.

The 1st Respondent through his authorized agent, Dr. T. E. Malumi filed a writ of Summons in suit No. FC/HC/CV/1371/2007 before Jamilu Y. Tukur J. on behalf of his Principal, the 1st Respondent. On the objection of the Appellant the suit was struck out for want of locus standi on Dr. Malumi and that the power of Attorney was not registered in accordance with section 15 of the Land Registration Act.

The 1st Respondent now instituted another action in his name by Originating Summons in suit No. FCT/HC/CV/496/2009 against the 2nd and 3rd Respondents and Appellant. The 2nd and 3rd Respondents filed two preliminary objections to the Originating Summons and a counter affidavit to the Originating Summons and attached exhibits. The Appellant also filed a preliminary objection to the Originating Summons but did not file a counter affidavit. The trial Court determined the preliminary objections and the Originating Summons together. He dismissed the preliminary objections and granted the Reliefs sought by the 1st Respondent. The decision gave rise to this Appeal.

In the Notice of Appeal dated the 3rd day of August, 2009, there are eight grounds of Appeal, but grounds 6, 7 and 8 are abandoned leaving grounds 1, 2, 3, 4 and 5 as contentious in this Appeal, with the Reliefs sought.

The grounds of Appeal shorn their particulars are.

GROUND 1

JURISDICTION

“That the learned trial Judge had no Jurisdiction or competence to review or sit on appeal over the earlier decision of another judge of concurrent or co-ordinate Jurisdiction which can only be appealed against to the Court of Appeal”.

GROUND 2

“That having held that the decision of Tukur J. in suit No. FCT/HC/CV/1371/2007 Dr. T. E. Malumi (suing as Donee and or authorized representative of Alhaji Idris Zago) v. The Honourable Minister, Federal Capital Territory & Ors is final and subsisting and the learned trial Judge erred in law when he held that the Plaintiff had locus standi to prosecute this suit the subject of this appeal”.

GROUND 3