The Hon. Attorney General Of The Federation V. The Nigerian Society Of Engineers & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an Interlocutory appeal against the Ruling of the Lagos State High Court delivered by IPAYE J, on the 12th December, 2013.

The 1st Respondent commenced action by Writ of Summons and a Statement of Claim against the Appellant and the 2nd to 5th Respondents, wherein the 1st Respondent claimed the following reliefs:

1. A Declaration that the Claimant is the holder of the Certificate of Occupancy over all that piece or parcel of land measuring approximately 1653.38 metres and registered as No. 96/96/1995AC at the Lands Registry at Ikeja, Lagos State.
2. A Declaration that the forceful entry into the Claimants said parcel of land and the destruction of the perimeter fence and beacon by the 1st and 2nd Defendants, their servants, agents and/or privies, to wit, the authorities of Kings College, Lagos amounts to trespass.
3. The sum of N3,000,000,000 (Three Billion Naira) as damages for the acts of trespass committed by the 1st and 2nd Defendants, their servants, agents and/or privies on the Claimants parcel of land registered as No.

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96/96/1995AC at the Lands Registry at Ikeja, Lagos.

4. An Order of perpetual injunction restraining the 1st and 2nd Defendants, either by themselves, their agents, privies and/or servants from further trespass on the Claimants said parcel of land.

The Appellant in opposition filed a Statement of Defence and a Motion on Notice challenging the jurisdiction of the lower Court to entertain the suit. The Trial Judge after hearing parties on the application dismissed the Motion by holding that the lower Court had jurisdiction to hear and determine the matter.

Dissatisfied with the Ruling of the trial Court, the Appellant through Learned Senior Counsel filed a Notice of Appeal dated 17th December 2013 on a sole ground of appeal, the Notice of appeal is at page 94-97 of the record of appeal, and the sole ground of appeal less its particulars reads as follows:

“The trial Court erred in law when the Court struck out the Appellants motion on Notice dated June 4th 2013 without considering the Appellants argument in reply on points of law dated July 1, 2013 and held that the 1st Respondent as constituted “Nigerian Society of Engineers” is a

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body corporate with power to sue and be sued”

Briefs of Argument were then filed and exchanged by the parties. Learned Senior Counsel Dr Fabian Ajogwu SAN filed Appellants Brief of argument on the 17th day of March 2014, and nominated just one issue for determination, and the issue reads as follows:

“Whether the Learned Trial Judge was right when she held that the 1st Respondent as constituted “Nigerian Society of Engineers” is a body corporate with power to sue and be sued without considering the Appellants Reply on points of law dated July l, 2013″.

On the part of the Respondent, learned Counsel Adedapo Tunde-Olowu filed Respondents brief of argument, he also nominated one issue for determination and the issue reads as follows:

“Whether the lower Court was required to make a pronouncement on every submission made by Appellants counsel in respect of the issues raised in the Appellants Notice of Preliminary Objection dated 14th June 2013”.