Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ASSOCIATED DISCOUNT HOUSE LIMITED
V.
THE HON. MINISTER OF THE FEDERAL CAPITAL TERRITORY & ANOR.

(2013) JELR 46229 (SC)    

Supreme Court  ·  SC.299/2005 ·  22 Feb 2013 ·  Nigeria
CORAM
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC JOHN AFOLABI FABIYI JSC NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC KUMAI BAYANG AKA'AHS JSC

Ratio Decidendi

Core Terms Beta
2nd respondent
order of mandamus
trial court
application
1st respondent
party
judgment
functus officio
interested party
court of appeal
lower court
court of first instance
material facts
writ of mandamus
2nd respondent's motion
order of the trial court
concealment of material facts
mandamus proceedings
notice of preliminary objection
statutory duty
certificate of occupancy no.fct
deed of tripartite legal mortgage
high court of the federal capital territory
honourable court
lagos high court
prerogative order of mandamus
respect of the property
second category
statutory public duty
1st defendant
anambra state
classes of persons
clear right
decision of the trial judge
default of appearance of the 1st respondent
earlier suit
ex parte application
following orders
honourable court lacks jurisdiction
issue of the tripartite legal mortgage
learned trial judge of the appellant
motion ex parte
order of that court granting leave
order set
performance of an act
ruling of 23rd november
said application
set aside


KUMAI BAYANG AKA'AHS, J.S.C. (Delivering Leading Judgment): On 25/9/2001, the company, Synergy Trust and Investment Limited filed a motion ex parte dated 24/9/2001 at the High Court of the Federal Capital Territory, Abuja seeking an order of that court granting leave to the Applicant to issue and bring an application for the prerogative order of mandamus to compel the 1st Defendant (the Honourable Minister of the Capital Territory) to perform his statutory duty of granting consent to the Deed of Tripartite Legal Mortgage executed in respect of the property known as Plot 2697 within 46, Maitama District covered by Certificate of Occupancy No.FCT/ABU/NG.573 dated 2/1/91 and registered as No. FC 106 at page 106 in Volume 25 in the Department of Lands Administration, Ministry of Federal Capital Territory, Abuja. The property was originally allotted to Lt. General Muhammad Inuwa Wushishi (Rtd). On 11/10/2001, the court of first instance presided over by Mukhtar J (as he then was) heard the…

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