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ALHAJI AZEEZ MASHAUDI (SUING THROUGH HIS AUTHORIZED ATTORNEY, MRS. IVIE EJIWUNMI) V. THE HON. MINISTER FEDERAL CAPITAL TERRITORY & 3 ORS

(2023) JELR 111481 (CA)

Court of Appeal  •  CA/A/368/2018  •  20 Jul 2023  •  Nigeria

Coram
PETER OLABISI IGE, JCA E.O. WILLIAMS-DAWODU, JCA UGOCHUKWU A. OGAKWU, JCA

Appearances
Mr. Francis Orousaye with Mr. Mark Chidi Agbo, Ms. Melissa Okeke and Ms. Amanda Bantai for Appellants; Dr. Sonny Ajala SAN with Ms. Deborah Nwoke and Mr. O. S. Oyibo for 1st and 2nd Respondents; Ms. P. E. Ossai with Ms. C. C. Amaefulie and Ms. Martha lbekwe for 3rd and 4th Respondent

Judgement

E.O WILLIAMS-DAWODU, JCA (Delivering the Leading Judgment): This appeal is as a result of the Ruling of the High Court of the Federal Capital Territory (FCT) delivered by Hon. Justice Jude Okeke on November 28th 2017 wherein the Appellant's application as the Plaintiff/Applicant, for an order relisting his Suit No. FCT/HC/CV/2031/2009-ALHAJI AZEEZ MASHAUDI v. THE HONOURABLE MINISTER, FCT AND 3 ORS was dismissed as lacking merit. 

The suit of the Appellant against the 1st to 4th Respondents at the Court below was commenced vide an Originating Summons and by the order of the Court parties filed their pleadings in view of the contentious nature of the Appellant's claims which were as follows: 

a) A DECLARATION that by virtue of a subsisting Right of Occupancy the Plaintiff is the lawful holder entitled (under section 5(1)(a) of the Land Use Act Cap L5 Laws of the Federation of Nigeria, 2004 ("the Land Use Act") to statutory Right/Certificate of Occupancy over the land comprising Plot. 1208…

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