Abuja ------------- The Court of Appeal, Abuja will, tomorrow, Tuesday, July 5, deliver judgment on an appeal challenging the judgement of a High Court of the Federal Capital Territory, in respect of land ownership dispute within the territory.
The appeal was lodged by Federal Capital Development Authority, FCDA, River Park Estate (Jonah Capital Nigeria Ltd and House for Africa Nigeria Ltd), against the reliefs awarded to the plaintiff on March 14, 2011.
The plaintiffs included the: Blessed & Precious Children Academy Ltd, General Building Material Dealers Association Lugbe and Land Owners Association, Lugbe.
The FCT High Court presided over by Justice Peter Affen, had ruled in favour of the plaintiffs against the FCDA, Jonah Capital Nigeria Ltd and House for Africa Nigeria Ltd who were listed as first to third defendants over alleged trespass into the land reportedly belonging to the plaintiffs..
Affen furthermore, asked the defendants to pay N5 million as general damages as well as N20,000 cost to the plaintiffs.
The lower court had also, restrained the defendants whether acting by themselves or through their agents, servants, privies or otherwise howsoever from trespassing, entering upon or interfering with or otherwise disturbing the plaintiffs’ enjoyment and possession of all the parcel of land known as Lugbe 1 Extension Layout, FCT, save as provided by law.
The court also ordered that the grant or allocation made in favour of the 2nd defendant (Jonah Capital Nigeria Ltd) as expressed or contained in the Letter of Grant dated 28/5/2007, the Development Lease Agreement dated 28/5/2007 and the Deed of Addendum dated 15/9/2009, were invalid, null and void to the extent that it covers, concerns, touches upon or affects all that parcel of land known as Lugbe 1 Extension Layout, Lugbe.
The court ordered that the FCDA to issue certificates of occupancy to the plaintiffs upon payment of applicable processing fees; and act upon or process the applications made by or on behalf of the plaintiffs for building plan or other approvals and matters incidental thereto in recognition of the plaintiffs’ title to the plots granted to each of them in the parcel of land comprised in Lugbe 1 Extension Layout.
“The defendants jointly and severally shall pay to the plaintiffs the sum of N5 million as general damages for trespassing upon the lands comprised in Lugbe 1 Extension Layout, Lugbe validly allocated to the plaintiffs,” the judge said.
However, not satisfied with the judgement of Justice Affen, River Plate Estate through the 2nd and 3rd defendants filed a notice of appeal dated April 13, 2011.
On March 5, 2012, the defendants filed an application for stay of execution of Justice Affen’s judgment, which was dismissed by the same court.
Meanwhile, during the pendency of the suit, the plaintiffs had complained to the court and relevant agencies that the 2nd and 3rd defendants had continued to develop structures on the trespassed land despite a valid court order restraining them from doing so.
Some of the documentary evidence exhibited at the appellate court include a letter on August 13, 2013, by Lugbe 1 Landowners’ Association, addressed to the Inspector General of Police; a letter by Ikechukwu Ezechukwu, SAN to the FCT Minister on September 21, 2015; among others.
The landowners further alleged that nothing useful came out of the series of letters to the authorities over the continued threat of demolition of property under litigation within Lugbe 1 Extension also, in flagrant disobedience of a valid court order.
