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OBASANJO & ANOR
V.
WURO BOGGA (NIG) LTD & ORS

(2022) JELR 109874 (SC)

Supreme Court 17 Jun 2022 Nigeria
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- The 1st and 2nd Respondents claimed beneficial ownership of Plot 6, Cadastral Zone B05, Utako, Abuja, challenging the revocation of the Certificate of Occupancy by the 3rd Respondent (FCT Minister) without fair hearing, and sought orders

Case Details

Suit Number:SC.82/2010
Judges:Olukayode Ariwoola, JSC Uwani Musa Abba Aji, JSC Mohammed Lawal Garba, JSC Adamu Jauro, JSC Tijjani Abubakar, JSC
Counsel:OLUWOLE ALADEWOYE, ESQ., with him, M.D. OJO, ESQ. for the Appellant; SYLVESTER O. IMHANOBE, ESQ., with him, JOHN E. OPALUWA, ESQ. and ADAOBIB. ONUOHA, ESQ. for the 1st and 2nd Respondents; CHIEF KINGSLEY CHUKU, with him, DANIEL OJO, ESQ. for 3rd and 4th Respondents.

ADAMU JAURO, J.S.C. (Delivering the Leading Judgment):

This appeal is against the judgment of the Court of Appeal, Abuja Judicial Division setting aside the ruling of the High Court of the Federal Capital Territory which dismissed the 1st and 2nd Respondents' suit for being statute barred under Section 2 (a) of the Public Officers (Protection) Act.

BRIEF STATEMENT OF FACTS

The 1st and 2nd Respondents as Plaintiffs took out a Writ of Summons and Statement of Claim against the Appellants as well as the 3rd and 4th Respondents seeking the following reliefs:

1. "A DECLARATION that the 2nd Plaintiff is the beneficial owner of the property located at Plot 6 Cadastral Zone B05, Utako, Abuja which is covered by a previous Certificate of Occupancy File No: FCT/ABV/MISC: 7300 now numbered as File NO: MISC 55124.

2. AN ORDER of this Honourable Court that the purported revocation without prior notice or fair hearing by the 1st and 2nd Defendants of the Plaintiffs' right of occupancy in Plot No. 6 Cada…

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