Again, FCDA, River Park Estate Lose Land Tussle Case to Academy, Others 

•Appeal court dismisses appeal for lacking merit

Alex Enumah in Abuja

The Federal Capital Development Authority (FCDA) and the River Plate Estate for the second time lost ownership of the contentious Lugbe 1 Extension Layout, FCT, following the dismissal of their appeal by the Abuja Division of the Court of Appeal.

A three-man panel of the appellate court yesterday dismissed their appeal challenging the judgment of Justice Peter Affen of High Court of the Federal Capital Territory (FCT) for lacking in merit.

The appeal by FCDA and River Park Estate (Jonah Capital Nigeria Ltd and House for Africa Nigeria Ltd), was seeking to upturn Justice Affen’s judgment which awarded the said contentious land to Blessed & Precious Children Academy Ltd, General Building Material Dealers Association Lugbe and Land Owners Association, Lugbe.

Justice Bature Gafai, in a lead judgment upheld the trial court’s decision which had on March 14, 2011, restrained the defendants whether acting by themselves or through their agents, servants, privies or otherwise howsoever from trespassing, entering upon or interfering with or otherwise disturbing the plaintiffs’ enjoyment and possession of all the parcel of land known as Lugbe 1 Extension Layout, FCT, save as provided by law.

In the judgment, Justice Gafai noted that, “In the entire argument of the appellants, no single references to the facts made by the respondents in their affidavits were made.

“What the appellants did was to construct their own facts and depositions and did not bother to address the issue raised by the respondents in their affidavit.

“But sadly, they did not controvert facts in the affidavit of the respondents.”

“I agree with the judgement of lower court that there was no specific denial by the appellants on the issues in dispute”, the panel held.

They explained that when facts were deposed in an affidavit, one could only contradict them and not to construct new facts not pleaded at the trial court.

Justice Affen had on March 14, 2011, also ordered that the grant or allocation made in favour of the 2nd Defendant (Jonah Capital Nigeria Ltd) as expressed or contained in the Letter of Grant dated 28/5/2007, the Development Lease Agreement dated 28/5/2007 and the Deed of Addendum dated 15/9/2009, “will be and is hereby declared invalid, null and void to the extent that it covers, concerns, touches upon or affects all that parcel of land known as Lugbe 1 Extension Layout, Lugbe.”

More so, the court ordered that the 1st Defendant (FCDA) shall issue certificates of occupancy to the plaintiffs upon payment of applicable processing fees; and act upon or process the applications made by or on behalf of the plaintiffs for building plan or other approvals and matters incidental thereto in recognition of the plaintiffs’ title to the plots granted to each of them in the parcel of land comprised in Lugbe 1 Extension Layout.

“The Defendants jointly and severally shall pay to the plaintiffs the sum of 5,000,000.00 (Five Million Naira) as general damages for trespassing upon the lands comprised in Lugbe 1 Extension Layout, Lugbe validly allocated to the plaintiffs.”

The court also assessed the cost of the suit at N20,000.00 in favour of the plaintiffs and against the defendants.