MICAH & ORS
V.
HON. MINISTER OF THE FCT & ANOR

(2018) JELR 38779 (CA)    

Court of Appeal  ·  CA/A/763/2014 ·  20 Mar 2018 ·  Nigeria
CORAM
ABDU ABOKI Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondents
trial court
appellants
affidavit evidence
1st respondent
damages
exemplary damages
federal government
prompt payment of compensation
award of the sum of n500,000,000.00
following cases
honourable court
2nd respondent
decision of the trial court
joint affidavit
judgment of the trial court
learned trial judge
order of perpetual injunction
planned construction
1st appellant
applicants of their own properties
application of the affidavit evidence
brief facts of the case
case of inegbedion v
counter affidavit
demolished property
exclusive possession of the land
extant laws
flagrant breach of the fundamental rights of the applicants
following reliefs
general damage
general rule
high court of the federal capital territory
lagos state
long settled law
lpelr-19769 sc
notice of appeal
order of this honourable court
own properties
said appellants
said ex-parte application
subsequent acts
such period
total destruction
view of the appellants
way of a fundamental rights enforcement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): The Appellants, by way of a Fundamental Rights Enforcement, brought this action against the Respondents at the High Court of the Federal Capital Territory, holden at Lugbe Abuja, seeking the following reliefs:

1. A declaration that the purported allocation, acquisition, possession and forceful takeover, marking for demolition and total destruction by the Respondents, (jointly and severally) of the Applicants' properties, houses, homes and dwelling habitations being situate at Gosa 1 Village along Airport Road, Abuja (locus situs) without the prior and prompt payment of compensation and or resettlement to be unconstitutional, null and void and of no effect whatsoever.

2. A declaration setting aside and invalidating any purported acquisition, and allocation of the locus situs by the 1st Respondent to the 2nd Respondent, the same having been done without the prior assessment for and prompt payment of compensation as provided for in the …

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