By Kenneth Atavti
Abuja Division of the Court of Appeal will Today, deliver judgment on an appeal challenging the judgement of a High Court of the Federal Capital Territory, in respect of land ownership dispute within the Federal Capital Territory.
The appeal was filed by 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.
Nigerian pilot recalled that on March 14, 2011, Justice Peter Affen of the High Court of the Federal Capital Territory had entered 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 (Blessed & Precious Children Academy Ltd the General Building Material Dealers Association Lugbe and Land Owners Association, Lugbe).
In the judgment, Justice Affen had restrained the Defendants whether acting by themselves or through their agents, servants, privies or otherwise howsoever 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 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.”
