Wuro Bogga Nigeria Limited & Anor V. Hon. Minister Of Federal Capital Territory & Ors. (2009)

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JIMI OLUKAYODE BADA. J.C.A.

This is an appeal against the Ruling of the High Court of the Federal Capital Territory Abuja delivered on Friday the 7th day of March 2008.

The Appellants as Plaintiff by an action commenced at the Lower Court claimed against the Respondents the following reliefs:-

“(1) A declaration that the 2nd Plaintiff is the beneficial owner of the property located at Plot No. 6 Cadastral Zone BO5, Utako – Abuja which is covered by a previous Certificate of Occupancy file Number FCT/ABU/MISC: 7300 now numbered as file Number MISC 55124.

(2) An Order that the purported revocation without prior notice or fair hearing by the 1st and 2nd Defendants of the Plaintiffs’ right of occupancy in Plot No. 6 Cadastral Zone BO5, Utako- Abuja is unconstitutional, invalid, null, void and of no effect.

(3) An Order that the purported reallocation by the 1st and 2nd Defendants of the Plaintiff’s right of occupancy in Plot No. 6 Cadastral Zone BO5, Utako – Abuja to the 3rd and the 4th Defendants and indeed any third party is invalid, null, void and of no effect.

(4) An Order that the 1st and 2nd Defendants should reinstate the property located at Plot No. 6 Cadastral Zone BO5 Utako-Abuja to the 1st and or the 2nd Plaintiffs.

(5) An Order restraining all the Defendants/Respondents, their agents, servants, or privies from interfering with the right of the 1st and or 2nd plaintiffs to develop Plot No. 606 (sic) within Jabi District Abuja.

(6) An Order awarding the sum of N10,000,000 (Ten Million Naira) only against the 3rd and 4th Defendants to the Plaintiffs for trespass to the property of the Plaintiffs.

(7) And for such other orders or further orders as this Honourable Court may deem fit.”

The 1st to 4th Respondents by notice of Preliminary Objection challenged the Jurisdiction of the Lower Court to hear and determine the suit on the ground that the action is statute barred by virtue of the provisions of Section 2(a) of the Public Officers Protection Act.

In a considered Ruling, the Lower Court upheld the objection of the Respondents and dismissed the suit.

The Appellants being dissatisfied with the said Ruling of the Lower Court now appealed to this Court.

The Learned Counsel for the Appellants formulated two issues for determination as follows:-