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MR PAUL CHIBUEZE EMELIE & ORS V. FEDERAL HOUSING AUTHORITY

(2016) JELR 42307 (CA)

Court of Appeal  •  CA/L/1049/2013  •  23 Jun 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; YARGATA BYENCHIT NIMPAR JCA;

Appearances
A.O.S Hodonu with him, O. Hodonu and Laura Erukunuakpor (Miss) For Appellant O.T. Opara with him, S.O Obajaja and A.N. Aribisala For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the Ruling of the Federal High Court, Lagos Division, delivered by M.N Yunusa J. on the 21st day of October 2013 wherein the suit filed by the plaintiff (now appellant) was struck out on the grounds of misjoinder of parties and cause of action. By an originating summons filed on the 11th day of May 2002 the appellants herein, as plaintiffs sought the determination of the following questions by the lower court. To wit:

1. Whether the defendant, by virtue of the Constitution of the Federal Republic of Nigeria, 1999, the Land Use Act Cap 202, The Federal Housing Authority Act, Cap 136, Laws of the Federation of Nigeria, 1990 and the Contract between the Federal Housing Authority and the Lessees of various plots of land in Festac Town, has the authority and power to revoke the plots of land duly leased to the plaintiffs by the defendant.

2. Whether the purported revocation made by the defendant in Guard…

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