ALHAJI MOMOH BAJEHSON V CAPTAIN HAKEEN OLADAPO NIYIOTIKO MINISTRY OF FEDERAL CAPITAL TERRITORY ABUJA

Issue:

The facts in this case are not in dispute. Sometime in 1985 the appellant applied to the respondent, Ministry of the Federal Capital Territory for a plot of land in Abuja. He was successful. He was given a certificate of occupancy No: FCT/ABU/KW.349 for plot 1295 in Maitama District, Abuja by the 2nd respondent. The appellant proceeded to the site and commenced development on the land based on the approval granted him by the 2nd respondent and by 1994 the boys quarters was completed and the main building was at the lintel level. The appellant paid all rents for the land as and when due. On 25 February, 1994 the appellant read in the New Nigerian Newspapers that his plot was slated for revocation. The 2nd respondent revoked and allocated the appellant s land to the 1st respondent. ... The revocation was purportedly carried out under provisions of the land Use Act, 1978. The structures put up by the appellant on the land were destroyed by the 2nd respondent. Distraught with the situation the appellant filed an action in a High Court of the Federal Capital Territory. The claims of the appellant, as plaintiff were alluded to earlier in this judgment. The learned trial judge on 25 January, 2000 found that the revocation of the appellant s certificate of occupancy was wrongful, declared it null and void and granted the appellant several reliefs. The respondents appealed to the Court of Appeal. That appeal was successful on the sole ground that the trial court had no jurisdiction to entertain the case. The Court of Appeal ruled that the correct court to hear the appellant s case was the federal High Court and not the High Court of the Federal Capital Territory Abuja. It was this decision that compelled the appellant to file this appeal to this court.