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ABBAS BALARABE LAWAL v. ALHAJI IDRIS ZAGO & ORS

(2014) JELR 36246 (CA)

Court of Appeal  •  CA/A/378/2009  •  25 Jun 2014  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; MOORE A.A. ADUMEIN JCA; TANI YUSUF HASSAN JCA;

Judgement

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): The Appeal is against the decision of a High Court of Justice, FCT, Abuja (Coram S. E. Alade Toyinbo J.) delivered on the 30th day of June, 2009 in suit No. FCT/HC/CV/496/2009.

The facts of the case from the record are that, the 1st Respondent was the original allottee of Plot 852 Cadastral Zone A04 Asokoro District, Abuja (Municipally called Plot 62 Ali Akilu Crescent, Asokoro Abuja) having been originally earlier allocated to him by the 2nd Respondent in 2001.

He took the Right of Occupancy to AGIS for recertification in 2006, when it was purportedly revoked and re-allocated to the Appellant and issued him a Certificate of Occupancy.

The 1st Respondent through his authorized agent, Dr. T. E. Malumi filed a writ of Summons in suit No. FC/HC/CV/1371/2007 before Jamilu Y. Tukur J. on behalf of his Principal, the 1st Respondent. On the objection of the Appellant the suit was struck out for want of locus standi on Dr. Malumi an…

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