PHILIP EBHOTA & ORS. V. PLATEAU INVESTMENT AND PROPERTY DEVELOPMENT CO. LTD.
(2005) JELR 45239 (SC)
Supreme Court
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SC.302/2000
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15 Jul 2005
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Nigeria
Coram
SALIHU MODIBBO ALFA BELGORE JSC;
SYLVESTER UMARU ONU JSC;
AKINTOLA OLUFEMI EJIWUNMI JSC;
DAHIRU MUSDAPHER JSC;
DENNIS ONYEJIFE EDOZIE JSC;
Appearances
O. I. Ochigbo, Esq. (with him, F. A. Ogbe, Esq. and B. A. Adikwu, Esq.) For Appellant
O. Akobundu, Esq. For Respondent
Judgement
<p>EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This action was commenced by the appellants in a representative capacity as indicated above, against the defendant now respondent, to this appeal. The following are the reliefs sought by the appellants.</p><p> "A declaration that:-</p><p> (a) The Federal Low Cost Housing Estate, Phase 1, Miango Road, Jos is the property of the Federal Government of Nigeria.</p><p> (b) By virtue of the deed of sublease dated 13/4/77 made between the plaintiffs and the defendant, the defendant as management agent for the Federal Ministry of Works and Housing cannot increase the rentage on the premises without the prior approval of the Federal Government of Nigeria, and therefore the defendant's notice of increase in monthly rent and revocation of application forms/tenancy agreement ref. No. PHC/S/GEN/86/6 dated 28/11/89 as it pertains to the plaintiffs is null and void and of no effect whatsoever.</p><p> (c) The plaintiffs are entitled to be given first option of outright purchas…</p>