(2018) JELR 39122 (CA)    

Court of Appeal  ·  CA/A/775/2015 ·  27 Feb 2018 ·  Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th respondent
nwlr part
trial court
late dr. clarkson majomi
utako district
dr. clarkson majomi
locus standi
land use act
learned trial judge
right of occupancy
1st defendant
legal capacity
4th defendant
statement of claim
behalf of the family
cadastral zone
ladejobi v oguntayo
lands registry office abuja
provisions of the law
cadastral zone b5 utako district
legal action
notice of revocation
proper order
subject matter of this suit
breach of the plaintiffs fundamental rights
consent of others
following issues
grant of another right of occupancy
offer of terms of grant
respect of plot no.
rightful persons
virtue of certificate of occupancy no. fct
allowance of the counterclaim of the 4th respondent
beneficiaries of the deceased
beneficiaries of the estate of dr. clarkson majomi
clear provisions of section
costs of this action
facts of this case
grounds of the respondents
issue of the validity of the right
layinka v gegele
notice of appeal
order of this honourable court
purported interest
respect of the deceased property
title document

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, presided by Hon. Justice D.Z. Senchi, on the 9th of July, 2015.

The plaintiffs/appellants sought the following reliefs at trial:

1. A declaration that the Right of Occupancy granted to Dr. Clarkson Majomi (Deceased) by virtue of Certificate of Occupancy No. FCT/ABU/DT/240 over and in respect of Plot No. 524 Cadastral Zone 85 Utako District, Abuja (Now 38 TOS Benson Crescent, Utako District, Abuja) and registered as No. FC/82/82/50 at the Lands Registry Office Abuja is still valid and subsisting.

2. A declaration that the Plaintiffs being the beneficiaries of the estate of Dr. Clarkson Majomi (deceased) are the rightful persons vested with authority in law to protect his estate and properties (real personal) including the property known as plot 524 Cadastral Zone B5 Utako District, Abuja (now No. 38 TOS Benson Crescent) Utako Distri…

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