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DR. M. L. YAHUZA & ORS v. ENGR. WILFRED AGU & ORS

(2017) JELR 37210 (CA)

Court of Appeal  •  CA/MK/5A/2014  •  24 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court sitting at Makurdi, Benue State in Suit No FHC/MKD/CS/43/2010, delivered on June 30, 2011 in which the lower Court granted an order of Mandamus against the Appellants, compelling them to reverse the sale of Plots No. 1 and 3 of the Federal High Way Quarters, Gboko Road, Makurdi, Benue State.

The facts leading to this appeal as disclosed by the Appellants are as follows: The Federal Government is the beneficial owner of Plots No. 1 and 3 situate at Federal Highway Quarters, Gboko Road, Makurdi, Benue State. The plots are located within the perimeter fence of the 4th Respondent. By a public notice published in the Daily Trust Newspaper of March 10, 2008, the Federal Government issued guidelines for the leasehold/sale of Federal Government landed properties in the Federal Capital Territory, Abuja, to public servants and the general public. One of the provisions of …

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