Judgment
UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The Appellant instituted this appeal against the decision of the High Court of the Federal Capital Territory Abuja; delivered by L. H. Gummi (RTD CJ); on 13th December, 2011; in SUIT NO: FCT/HC/CV/363/2008. The brief fact of the case is that the Appellant and the 3rd Respondent were at different times granted Statutory Right of Occupancy by the 1st and 2nd Respondents over Plot No. 256, Cadastral Zone B05, Utako District Abuja.
While the grant to the Appellant was made on 11th December, 2006 and for the purpose of a Petrol Filling Station, the grant to the 3rd Respondent, on the other hand, was made on 25th March, 2006 and for Residential purpose. It was contended that the original land use for the said plot of land is for residential purpose and that the 1st Respondent set up a Committee on review of cases of revoked titles in the FCT. Part of the committee’s recommendation was that all lands in the FCT be returned to their original land use as provided in the FCT master plan.
Consequent upon the work of the above mentioned committee and the recommendations made therein, Plot No. 256, Cadastral Zone B05, Utako District, Abuja was reverted to its original purpose which is residential and reverted to the 3rd Respondent to whom the land was allocated initially for residential purpose.
The trial Court in its judgment refused the claims of the Appellant; but instead granted the Counter-Claim of the 3rd Respondent as follows: “(1) That the purported grant to the Plaintiff/Defendant the Counter-Claim as evidenced by the offer of Statutory Right of Occupancy dated 11th day of December 2006 is illegal, null and void- in view of the Counter-Claimant’s prior and subsisting title, Rights and interest in and over all that property known as Plot No. 256 situated at Cadastral Zone B05, Utako District, Abuja measuring 5,435.96m2. (2) That the Plaintiff (in the Counter-Claim) is the beneficial owner and therefore entitled to the exclusion of any other person whatsoever and how-so-ever to all that property known as Plot 256 situated at Cadastral Zone B05, Utako District, Abuja measuring 5,435.96m2.” The Appellant was dissatisfied with the decision of the trial Court and has approached this Court relying on an Amended Notice of appeal filed on 14th August, 2012 and deemed properly filed and served on 25th June, 2014.
