Court voids FCT minister’s revocation of plot No 329 cadastral Zone 805 Utako

Andrew Orolua, Abuja

A High Court of the Federal Capital Territory sitting in Maitama, on Thursday, declared “null and void”, the revocation of a Certificate of Occupancy issued to Bunmi Yusuf, in respect of a property situate at plot No. 329 Cadastral Zone 805 Utako district Abuja, Consequently, the court has ordered the Minister of Federal Capital Territory, and the Federal Capital Development Authority (FCDA) to issue the Certificate of Occupancy in the name of Kaydee Court’s Ltd, the lawful Attorney, who sued on behalf of Bunmi Yusuf. Justice S. E Aladetoyinbo gave the order in a judgement on a suit filed since 2008, wherein the plaintiff had challenged the purported revocation of its rights in respect of the property at No 329 cadastral Zone 805 Utako district Abuja, FCT/ABU/OD/1482. In the suit marked FCT/HC/CV/1007/2008, the plaintiff is Bunmi Yusuf, who sued through his lawful Attorney KayDee Court Ltd. Defendants in the suit were Ahmed Adamu Na’Ali (1st), Robco Investment Nig. Ltd (2nd), Minister of Federal Capital Territory (3rd), and Federal Capital Development Authority (4th). Delivering judgement, Justice Aladetoyinbo held that “Having purchased plot 329 from the 3rd defendant with constructive and imputed notice of the earlier interest of the plaintiff on the same plot 329, the 1st defendant cannot benefit from its transaction as he purchased nothing. “When the Minister of Federal Capital Territory allocated plot 329 within Utako District, Abuja to the plaintiff sometimes on the 1st of June 1996, the Minister of FCT was no longer in possession of the said plot. “Possession resides with the plaintiff. “Allocation of plot 329 to the 1st defendant is illegal, null and void” the court stated. “The Minister of Federal Capital Territory cannot validly allocate plot 329 to the 1st defendant when he was no longer in possession of the said plot” Justice Aladetoyinbo said. Satisfied with oral and documentary evidence filed before the court, Justice Aladetoyinbo therefore declared that the purported revocation of the right of the plaintiffs in plot No 329 cadastral Zone 805 Utako district Abuja, FCT/ABU/OD/1482 is null, void and of no effect”. The court also held that the interests of the plaintiffs are still subsisting in the land and they are persons with sufficient interest in same. In addition, the court made an order restraining the 3rd defendant from granting to another person other than the plaintiffs, interest in Plot No 329, cadastral zone B, Abuja. More so, Justice Aladetoyinbo declared as null and of no effect, any certificate granted to any person other than the plaintiff. The court also ordered the 3rd & 4th defendants to issue the certificate in the name of Kaydee Court Limited, having registered the power of Attorney by the 3rd and 4th defendants and all necessary fees paid. But the court declined the plaintiff’s relief which had sought, “An order of the court cancelling and ordering removal or demolition of any purported issuances of certificate of occupancy or building plains, or development on the said plot in favour of any person than those of plaintiffs or agents. Instead, Aladetoyinbo posited that whatsoever that is on the said plot 329 belongs to the plaintiff. The plaintiff’s prayers for award of N5 million as damages for trespass and N3.5 million being the cost of the action were refused by the court.