ALHAJI MUKAILA OLAYINKA AKINSAYA V. ATT-GEN OF FEDERATION AND MINISTER OF JUSTICE & ORS

KUMAI BAYANG AKAAHS, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of Alabi CJ in consolidated Suits M/620/93 and LD/4611/95 delivered on the 26th June 2009.

The Appellant was claimant in Suit M/620/93 and the Respondents were the Defendants, while in Suit LD/4611/93 the Appellant was the Defendant and the Respondents were the Claimants. The suits were tried on M/620/93.

The claim relates to the property situate at No. 69, Balogun Street, Lagos which was formerly owned by Ebaco and Co (the Claimants in Suit No. LD/4611/95. The said property was the subject matter of a forfeiture order made by the Federal Government after which the Federal Government divested its interest to the appellant who registered it under title no LO2593. Mr. E. I. Ijewere (a shareholder of Ebaco and Co - one of the Respondents) instituted an action against the Federal Government at the Federal High Court in Suit No. FHC/L/94/79 challenging the forfeiture of the said property and s…