Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory Abuja. Coram: Peter O. Affen J, (as he then was) in Suit No. FCT/HC/CV/2291/2013: M. L. Mande Enterprises V. The Registered Trustees of Seventh Day Adventist Church & Ors delivered on 26/9/2016 in which the claims of the Appellant as Claimant against the Respondents as Defendants were dismissed for lacking in merit, while part of the counter-claim of the 1st Respondent as 1st Defendant was granted against the Appellant.
The Notice of Appeal was filed on 16/2018 on 8 grounds of appeal, pursuant to the leave of this Court. See pages 1015 – 1024 of the Record of Appeal. The Records of Appeal, in Volumes 1 and 2 were duly compiled and transmitted to this Court 3/7/2018. The parties filed and exchange their briefs, which were adopted as their arguments at the hearing of this appeal on 3/3/2022. The Appellant was represented by Ibrahim Idaiyi Esq., appearing with A. G. Inyadu Esq. The 1st Respondent was represented by S. N. Mbaezue Esq.
The 2nd and 3rd Respondents were represented by Adeolu Salako Esq., appearing with Chiamaka Echeozo Esq. By a Writ of Summons filed on 18/3/2013 and a Further Amended Statement of Claim filed on 28/1/2015 before the Court below, the Appellant as Claimant claimed against the Respondents as Defendants for the following reliefs, to wit: 1. A Declaration that Plot No. 2N70 (New Plot NO. 849) of about 2800 sqm situate at Durumi District of Abuja and covered by offer of grant of right of occupancy within the Federal Capital Territory with reference No.
MFCT/LA/92/MISC9715/16 dated 24/8/1993 is the property of the Plaintiff. 2. A Declaration that the 1st defendant is not the beneficial owner, but a trespasser to plot no. 2N70 (New Plot NO. 849) of about 2800 sqm situate at Durumi District of Abuja and covered by offer of grant of right of occupancy within the Federal Capital Territory with reference no. MFCT/LA/92/MISC9715/16 dated 24/8/1993. 3.
A Declaration that the 2nd and 3rd defendant lacks the power to re-allocate or deal in any way with plot no. 2N70 (New Plot NO. 849) of about 2800 sqm situate at Durumi District of Abuja and covered by offer of grant of right of occupancy within the Federal Capital Territory with reference no. MFCT/LA/92/MISC9715/16 dated 24/8/1993 being property of the Plaintiff. 4.
