Judgment
MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgement): This is a motion on notice brought pursuant to Order 6 Rule 9 of the Court of Appeal Rules 2022 dated the 30th day of September, 2022 praying for the following orders: “1. AN ORDER of this Honourable Court striking/dismissing APPEAL NO. CA/K/363/2015 between National Ear Care Centre v M. E. Asuku & 56 Ors for lack of jurisdiction. 2. AN ORDER if this Honourable Court striking out/dismissing APPEAL NO. CA/K/363/2015 Between National Ear Care Centre v M. E. Asuku & 56 Ors as same has become academic. 3.
AND for such other order or orders as this honourable Court may deem fit to make in the circumstances.” The grounds upon which the Motion is brought are: “1. Houses Nos. GCC1-6 I & J known as Nos. 1, 2, 3, 4, 5 and 6 Golf Course Road, Kaduna which are the subject matter of this Appeal have been demolished by the Kaduna State Government to make way for expansion and dualization of Golf Course Road, Kaduna; 2. The Appellant is alleging that the houses belong to the Kaduna State Government through the Kaduna State Development and Properties Company (“KSDPS”), its investment vehicle. 3.
The ownership of the houses has undergone several transfers from Ahmadu Bello University Teaching Hospital to the 44th – 49th Respondents who later sold to private individuals before the subsequent demolition; 4. The Appellant does not have locus to claim the houses having admitted by its pleadings before the trial Court that the houses belong to Kaduna State Government; 5.
And if the houses belong to the Kaduna State Government as alleged by the Appellant and they were eventually demolished by the same Kaduna State Government to make way for road expansion, neither the Appellant, nor the 44th – 49th Respondents is entitled to compensation; and 6. The appeal has become an academic exercise and is liable to be struck out and dismissed for lacking merit.” The application was supported by a 6 paragraph affidavit deposed to on the 30th day of September, 2022 by Faith Nnamani.
Also attached thereto is a Written Address in support also filed on the 30th day of September 2022. In the said written address, two issues for determination were raised as follows: 1.The Appellant having admitted in its counterclaim that the said houses subject of this appeal were gifted to it by the Kaduna State Government and the Kaduna State Government having not appealed against the judgment of the trial Court, the Appellant has a right of appeal? 2. Whether or not this appeal has become academic in view of the fact that the subject matter has been destroyed?
