VINET ESTATE LIMITED V. HON. MINISTER OF THE FEDERAL CAPITAL TERRITORY & ANOR

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The Appellant as Applicant in the High Court of Justice Federal Capital Territory, Abuja by an order of mandamus sought for two reliefs, namely to compel the 1st respondent to issue a new Certificate of Occupancy to it in respect of a piece of land known as Plot 3351, Maitama District Zone A6, Abuja and for the 2nd Respondent to communicate his approval or otherwise of its application for building plan for the development of the said land.

The appellant filed an affidavit in support of the Originating Summons and written address. He also filed a Reply on Point of Law. The respondents equally filed a counter-affidavit with a written address. After the adoption of the addresses, the learned trial Judge in a considered judgment granted the Order of Mandamus.

However, the Court at the same time further gave an alternative Order requiring the 1st Respondent to communicate reasons why the new certificate of occupancy cannot b…