Mallam S. Raba Adamu & Ors V. Mrs. Victoria Suemo (2007)

LawGlobal-Hub Lead Judgment Report

OYEBISI FOLAYEMI OMOLEYE, J.C.A.

This is an appeal against the ruling of Hon. Justice S. J. Adah of the Federal High Court sitting in the Abuja Division which was delivered on 23/03/2004.

The Respondent (as plaintiff) on 15/09/2003 took out a Writ of Summons accompanied by a Statement of Claim wherein she claimed against the Appellants (as defendants) jointly and severally as follows:-

“1. A declaration that the plaintiff is the bonafide allottee of and all the improvements and property known as Plot 707, Wuye District, Cadastral Zone B3 Abuja. The plot which measures 2000m2 was conveyed to the plaintiff by the Ministry of Federal Capital Territory vide a letter of offer dated 3/6/2002.

2. A declaration that the plaintiff is the appropriate party entitled to the issuance of the Certificate of Occupancy over Plot 707-Wuye District, Cadastral Zone B3, Abuja.
3. An order of Honourable Court directing the 2nd and 3rd Defendants to issue the Certificate of Occupancy over Plot 707, Wuye District, Cadastral Zone B3 to the plaintiff.
4. An order of perpetual injunction restraining the Defendants either by themselves, their agents, privies, assigns, workmen or staff from trespassing, removing, scaling up, disturbing, harassing, otherwise interfering with the plaintiffs proprietary and possessory rights over plot 707, Wuye District District, Cadastral Zone B3, Abuja.
5. The cost of this suit”

On 17/09/2003, the Respondent further filed a Motion on Notice supported by an Affidavit of 22 paragraphs with Exhibits “A”, “B”, “C”, “D1”, “D2”, “D3”, “E”, “F” and “G” as annexures thereto The Respondent’s motion on notice prayed for the following orders of interlocutory injunction:

“1. An order of interlocutory injunction restraining the Defendants/Respondents their agents, privies, assigns, workmen staff or officials from demolishing the plaintiff’s twin three bedroom bungalow or in any way disturbing or interfering with the land and property contained and situate at plot 707, Wuye District Cadastral Zone B3, Abuja is pending the final determination of the Substantive suit.

2. An order of interlocutory injunction restraining the 2nd and 3rd Defendants from processing the applications of the 1st Defendant for the issuance Certificate of Occupancy, setting out approval building plan or any other approval in relation to plot 707; Wuye District, Cadastral Zone B3, Abuja until the final determination of the substantive suit.
3. And for such further or other order(s) as the Honourable Court may deem fit to make in the circumstance.”

The Affidavit in support of the motion is at pages 20-22, while the attached Exhibits “A”-“G” are at pages 23-31 respectively of the record of proceedings. The Appellants duly flied a Joint Statement of Defence and Counter-Claimed therein as follows:-

“a. A declaration that the Counter-Claimant is the person entitled to Certificate of Occupancy in respect of Plot 707 Wuye District, Cadastral Zone B3, FCT, Abuja.

b. A declaration that the possession as well as any development whatsoever effected on Plot 700 Wuye District, Cadastral Zone B3, FCT, Abuja by the Plaintiff, is illegal and constitutes acts of trespass.

c. An order of Court setting aside or declaring null any document whatsoever relied upon by the Plaintiff in laying claims over plot 700 Wuye District, Cadastral Zone, B3 Abuja.

d. An order of perpetual injunction restraining the Plaintiff, her agents, privies or any-person acting on her behalf from committing further acts of trespass on Plot 707, Wuye District Cadastral Zone B3; FCT Abuja.

e. The Sum of N5, 000.00 against the Plaintiff for trespass.

f. The cost of instituting and prosecuting this suit.”

The Appellants also filed a Joint Counter-Affidavit of 16 paragraphs with Exhibits “1”,”2″,”3″, “4”,”5″,”6″,”7″ and “8” as annexures in opposition to the Respondent’s motion on notice. These are at pages 34-36 and 37-47 respectively of the record of proceedings.