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…

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

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