(2001) JELR 45846 (SC)    

Supreme Court  ·  SC.71/1995 ·  13 Jul 2001 ·  Nigeria
Other Citations
Rockonoh Prop. Co. Ltd. v. NITEL Plc. (2001) 14 NWLR (Pt.733)468 (2001) 7 S.C (Pt.III) 154
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
1st respondent
2nd respondent
colliery avenue
general damages
1st defendant
nigerian coal corporation act
possession of the land
consent of the commissioner of lands
prior approval of the minister
trial court
demolition of the buildings
facts of this case
leading judgment
oral evidence
said company
vacant possession
2nd respondents
act of the defendant
appellant company
buildings of the 2nd respondent
chairman of the 2nd respondent
chairman p.w.1
consent of the 2nd respondent
consent of the plaintiff
couple of peculiar documents
deed of assignment
estate developer
evidence of the said valuer
lands registry
n5,000,000.00 damages
nigerian telecommunication plc
oral facts
paragraphs of the said letter
part of the evidence
premium of n220,000.00
present purpose
prior ministerial approval
property values
provisions of this section
rebuttable presumption
residential plot of land
said valuation report
statement of claim
state of the buildings
such irregularities
suitable site
transaction of alienation void
valuation of a property
valuation of the site

UWAIFO, J.S.C. (Delivering the Leading Judgment): The facts of this case have, in many respects, been presented differently by either party, that is to say, the plaintiff/appellant and the 1st defendant/respondent. That may be expected in a case where there is dispute particularly as to oral facts. But in this case, there are a couple of peculiar documents admitted in evidence which have some dubiety about them such as raise far more questions than can be provided with answers. The role the 2nd respondent was made to play by some of its functionaries deserves special mention. The facts taken as a whole are extremely intriguing. It is unprofitable to attempt to reconcile them all or even state them in detail. Let me therefore state the facts relevant for this appeal and as far as caution dictates, leave out all other facts.

The appellant company is an estate developer. The 1st and 2nd respondents are Federal Government parastatals. The appellant has as its chairman P.W.1, Chief Christ…

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