DALFAM NIGERIA LIMITED V. OKAKU INTERNATIONAL LIMITED, MIN. OF FED. CAP. TERRITORY, MINISTER FOR FED. CAP. TERRITORY & THE F.C.D.A

ABUBAKAR DATTI YAHAYA, J.C.A.(Delivering the Leading Judgment): This appeal is from the judgment of the High Court of the Federal Capital Territory in consolidated Suits Nos. FCT/HC/CV/207/02 and FCT/HC/CV/407/02, delivered on the 13th day of May 2008.

The 1st respondent herein, as plaintiff, instituted the said two Suits at the High Court of the Federal Capital Territory Abuja. The two Suits were consolidated. The appellant herein, filed a defence and a counter claim to the two Suits. It was the dissatisfaction of the judgment by the appellant that led to this appeal.

The first respondent was allotted Plot No.697 at Area BC Asokoro District Abuja, covered by certificate of Occupancy No.FCT/ABU/MISC 3562. The 1st respondent failed to develop the property within the stipulated period, and the 3rd respondent threatened to revoke it. In order to avoid this revocation, the 1st respondent agreed to sell the Plot No. 697 to the appellant for the sum of ₦28,000.000, They executed a Deed of A…