The Abuja Division of the Court of Appeal will on Tuesday, July 5, deliver judgment on an appeal challenging the judgment of a High Court of the Federal Capital Territory in respect to a land ownership dispute within the Federal Capital Territory.
The appeal was filed by the Federal Capital Development Authority, River Park Estate (Jonah Capital Nigeria Ltd and House for Africa Nigeria Ltd), against the decision awarded to Blessed & Precious Children Academy Ltd, General Building Material Dealers Association Lugbe, and Land Owners Association, Lugbe.
Justice Peter Affen of the High Court of the FCT had on March 14, 2011, delivered judgment in favour of the plaintiffs, Blessed & Precious Children Academy Ltd and others, against FCDA (1st defendant), Jonah Capital Nigeria Ltd (2nd defendant), and House for Africa Nigeria Ltd (3rd) for trespassing into the land of the plaintiffs.
In the judgment, Justice Affen had restrained the defendants whether acting by themselves or through their agents, servants, privies, or otherwise from trespassing, entering upon or interfering with, or otherwise disturbing the plaintiffs’ enjoyment and possession of all the parcel of land known as Lugbe 1 Extension Layout, FCT, save as provided by law.
The court had also ordered that the grant or allocation made in favour of the 2nd defendant (Jonah Capital Nigeria Ltd) as expressed or contained in the Letter of Grant dated 28/5/2007, the Development Lease Agreement dated 28/5/2007, and the Deed of Addendum dated 15/9/2009, “will be and is hereby declared invalid, null and void to the extent that it covers, concerns, touches upon or affects all that parcel of land known as Lugbe 1 Extension Layout, Lugbe.”
