(2018) JELR 38771 (CA)    

Court of Appeal  ·  CA/A/287/2010 ·  7 Feb 2018 ·  Nigeria
TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
new certificate of occupancy
1st respondent
2nd respondent
trial court
alternative order
order of mandamus
learned trial judge
alternative relief
building plan
brief of argument
supreme court
appeal no. ca
appellate court
date of the judgment
grant of an order of mandamus
lower court
maitama district zone a6
respect of a piece of land
careful comparison of the order of court
considered judgment
copy of the certificate of occupancy
date of the decision
echere v
exhibit vi
facts of the case
grant of order of mandamus
high court of justice federal capital territory
issue suo motu
leading judgment
learned trial court
new file no. misc
only avenue
only reasonable consequential order
point of law
relevant page
sole ground of appeal
sole issue
support of the originating summons
tani yusuf hassan
written address
written addresses of both parties

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The Appellant as Applicant in the High Court of Justice Federal Capital Territory, Abuja by an order of mandamus sought for two reliefs, namely to compel the 1st respondent to issue a new Certificate of Occupancy to it in respect of a piece of land known as Plot 3351, Maitama District Zone A6, Abuja and for the 2nd Respondent to communicate his approval or otherwise of its application for building plan for the development of the said land.

The appellant filed an affidavit in support of the Originating Summons and written address. He also filed a Reply on Point of Law. The respondents equally filed a counter-affidavit with a written address. After the adoption of the addresses, the learned trial Judge in a considered judgment granted the Order of Mandamus.

However, the Court at the same time further gave an alternative Order requiring the 1st Respondent to communicate reasons why the new certificate of occupancy cannot b…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login