DALICE PROPERTY DEVELOPMENT COMPANY LTD V. J. ALUCON LIMITED & ORS

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice of the Federal Capital Territory Abuja delivered on the 17th April, 2013 by Sylvanus C. Oriji J.

The Appellant was the 3rd defendant at the lower Court, while the 1st respondent was the plaintiff.

The 1st respondent as plaintiff commenced this suit by writ of summons filed on 27/8/2012 wherein it claimed against the defendants as follows:

"1. A DECLARATION of Court that the plaintiffs Offer of Statutory Right of Occupancy granted by the 1st Defendant on the 10/08/1993 over Plot 968, Cadastral Zone B06, Mabushi District Abuja measuring about 2885m² is prior in time to the offer of Statutory Right of Occupancy made to one Meritex Limited on the 2/5/1999 through whom the 3rd Defendant derives claim title to plot 968, Mabushi District Cadastral Zone B06, Abuja.

2. A DECLARATION of Court that it is illegal, fraudulent malicious, capricious and unwarranted for the 1st Defendan…