Judgment
UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the High Court of the Federal Capital Territory delivered on 1st July 2021 by M. R. Osho- Adebiyi. The facts of this appeal in the lower Court was that the Respondent as claimant claimed the following reliefs. 1. In the case before the trial Court, the Respondent as Claimant filed this suit against the Appellant by virtue of a Writ of Summons filed on the 7th day of September, 2020 against the Appellant.
The Writ of Summons and the Statement of Claim are on pages 1 – 3 and 4 – 7 respectively of the record of Appeal. 2. The Respondent Claims against the Appellant as the sole Defendants at the trial Court are as follows: a. A Declaration that the Claimant is the holder of the Statutory Right of Occupancy dated 2nd December, 2002, referenced (MFCT/LA/MISC.20897 over Plot No. 733 within Central Business District, Abuja. b. A Declaration that the Claimant’s Statutory right of Occupancy over Plot No. 733 within Central Business District, Abuja is valid and subsisting. c.
A Declaration that the payment of the sum of N10,525,398.14 (Ten Million, Five Hundred and Twenty Five Thousand, Three Hundred and Ninety-Eight Naira and Fourteen Kobo) being the total assessed Rent, Fees, Premium, Survey Fees, development Levy, etcetera for the issuance of Certificate of Occupancy is valid and subsisting and represents full and final payment by the Claimant for issuance of Certificate of Occupancy over Plot No. 733 within Central Business District, Abuja. d.
An Order directing the Defendant to issue the Claimant with the Certificate of Occupancy over Plot No. 733 within Central Business Districts Abuja. e. An Order of perpetual injunction restraining the Defendant whether by himself, agents or privies from unlawfully revoking and/or expropriating or in any manner howsoever interfering with the rights, title of the Claimant or possession of the Claimant over Plot No. 733 within Central Business District, Abuja. f.
An Award of the sum of Ten Million Naira (N10,000,000.00) as general damages. The Appellant as defendant filed his unconditional appearance and also filed his statement of defence. The Respondent’s case at the lower Court was that it was granted a Statutory Right of Occupancy Over Plot No 733 within the Central Business District Abuja in File No. MFCT/LA/MISC/17108. The Respondent said it filed the necessary papers for recertification.
