Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of the Federal Capital Territory Abuja, Coram: S. U. Bature J, in Suit No. CV/247/2019 Mallam Rabiu Mohammed V. Federal Capital Development Authority & Ors delivered on 25/3/2021. The preliminary objection of the 3rd Respondent challenging the competence of the Appellant’s Suit was upheld and consequently, the Appellant’s Suit was struck out for being statute barred. The Notice of Appeal was filed on 21/6/2021 on five grounds of appeal.
See pages 154 – 161 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 3/9/2021. The Parties filed and exchange their briefs, which were adopted as their arguments at the hearing of this appeal on 21/3/2022. The Appellant was represented by Ayodeji Ademola Esq., appearing with Igwe Ugochukwu Esq. The 1st – 2nd Respondents were represented by Zaidu Abdullahi Esq. The 3rd Respondent was represented by Efa O. Oka Esq. appearing with Winifred Okpara Esq.
By a Writ of Summons filed on 6/11/2019, and an Amended Writ of Summons and Amended Statement of Claim filed on 7/10/2021, the Appellant as the Claimant before the lower Court claims against the Respondents as Defendants the following reliefs, to wit: 1. An order of Court setting aside the withdrawal of Building Plan Approval dated the 9/7/2018 by the Respondents and restoring the conveyance of Building Plan Approval dated 9/1/2017. 2.
An order of perpetual injunction restraining all the Respondents, their agents and any other person claiming through them from further trespassing, disrupting the Appellant’s ongoing building construction or in any manner meddle with the peaceful possession of the Appellant over his FHA Plot CS21 3. General damages in the sum of N5,000,000.00 against the Respondents jointly and severally 4. Cost of action valued at N2, 000, 000. 00. See 75 – 80 pages of the Record of Appeal.
BRIEF STATEMENT OF FACTS Before the lower Court the Appellant had commenced an action against the 1st and 2nd Respondents as the 1st and 2nd Defendants and Unknown person as the 3rd Defendant claiming amongst other reliefs an Order of the lower Court setting aside the withdrawal of Building Plan Approval dated the 9/7/2018 by the Respondents and restoring the conveyance of Building Plan Approval dated 9/1/2017. The parties filed and exchanged pleadings and the matter went to trial.
