Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2012) JELR 49309 (CA)    
Court of Appeal  ·  CA/A/95/2009 ·  14 Jun 2012 ·  Nigeria
ZAINAB A. BULKACHUWA Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
certificate of occupancy no. fct
lower court
public interest
trial court
third parties
piece of land
learned hon. trial judge
pendency of the case
revocation notice
a6 maitama district abuja
above authority
alternative land
statement of claim
act of trespass
court orders
following reliefs
joinder of necessary parties
order of perpetual injunction
paras b-d
purchaser of legal estate
stop work order
a6 maitama district
action of the respondents
case of trespass simpliciter
competence of the action
court order
disgruntled appellant
leading judgment
leave of court
notice of appeal
notice of preliminary objection
objection of the learned counsel
paras a-b. uncontroverted averments
plaintiffs exercise of their lawful rights
respect of title
strength of the appellant
such citizen
suit no. fct
users of the property
virtue of certificate of occupancy no. fct

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory Abuja delivered on the 24th March 2009 per Aladetoyinbo, J in Suit No. FCT/HC/CV/227/09.

The dispute in respect of title to land between the parties herein relates to a right and certificate of occupancy No. FCT/ABU/MISC/6830 granted to the appellant by the respondents in 1992 over a piece of land situate at and known as Plot 2462 A6 Maitama District measuring about 1.7 hectares. The appellant then applied and was granted permission by the respondents to fence and commence housing development on the land, after which the appellants fenced the land and commenced the construction of housing estate. The respondents, however, served the appellant with a stop work order. The appellant thereupon took out a writ of summons against the respondents at the lower court claiming the following reliefs:-

"1. A declaration that the Plaintiffs are lawful ow…

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