Counter claim is an independent action –Justice Gummi
Category: Law
By a Writ of Summons and Statement of Claim dated the 11th day of May 2009, the Plaintiff claimed against the defendants as follows:
(1) A declaration that the Plaintiff is entitled to the Right of
Occupancy over that piece or parcel of land, known as Plot No. 271, Cadastral Zone, Bo4, Jabi District, Abuja measuring
about 2,260m2 and bound by property beacon Nos. PB 816, PB
619, PB 791, and PB 793 to the starting point granted to Plaintiff
vide x Defendant letter of 25/03/06.
(2) A declaration that the 1st Defendant’s Right of occupancy over the said Plot had been validly extinguished vide the 3rd
Defendant’s Notice of Revocation of 5/10/05 regularly served on the 2nd Defendant on 15th March, 2006.
(3) A declaration that the purported withdrawal of allocation as contained in the 3rd Defendant’s letter of 5th March, 2009 is invalid, null and void for non- compliance with the Land Use
Act Cap L5 LFN 2004.
(4) An order setting aside the purported withdrawal of the allocation of the Plot to the Plaintiff for being void.
(5) An order setting aside the 3rd Defendant’s letter of 5th March 2009 reinstating the 2nd Defendant to the plot while the Right of Occupancy of the Plaintiff still subsists.
(6) An order of injunction restraining the 3rd & 4th Defendant, their agents, servants or any other person by whatsoever name so described from unlawfully revoking or tampering in anyway, the Plaintiff’s Right of Occupancy over Plot No. 271, Cadastral Zone Bo4 Jabi District, Abuja.
(7) An order of perpetual injunction, restraining the Defendants, their agents, assigns, heirs or any other person by whatsoever name so described from entering or talking possession of plot No.271 Cadastral Zone Bo4, Jabi District Abuja.
In compliance with the Rules of this court, the Plaintiff filed a Witness Statement on oath to which he deposed. Based on an oral application made by Plaintiff, the name of Dr. Musa Abdullahi was struck out as a Defendant thus leaving only three Defendants to the action.
The 1st Defendant (formerly 2nd Defendant, Alh. Aminu Alhassan Dantata) filed a Statement of Defence dated 15th June, 2009. The Statement of Defence was accompanied by a witness statement on oath of one Auwal Ibrahim. Furthermore, 1st Defendant counterclaimed against the Plaintiff as follows:
(1) A declaration that the 2nd Defendant is entitled to the Rights of Occupancy over that piece of land known as plot No.271 Cadastral Zone B04, with title No. NG.483/KN12294 within Jabi District Abuja.
(2) A declaration that the Right of Occupancy over the said plot
of land had been validly revoked by the 3rd Defendant via a notice of revocation in a letter dated 5th March, 2009.
(3) An order of perpetual injunction restraining the Plaintiff either by himself, or through his agents, assigns, heirs, privies or any other
person claiming through or from him from trespassing, selling, mortgaging or dealing in whatever form with plot No.271,
Cadastral Zone Bo4, with title NG.483/KN/12294 within Jabi
District, Abuja.
The 2nd and 3rd Defendants filed a Joint Statement of Defence.
In proof of his case, the Plaintiff called one witness Alh. Ibrahim Musa Fadlallah; the Plaintiff himself. He testified as PW1 and tendered 27 Exhibits.
The 1st Defendant equally called one witness in fortification of his defence and proof of his counter/claim. A total of 7 exhibits were tendered through DW1 2nd and 3rd Defendants called 1 witness whom I shall refer to as DW2.
The summary of the Plaintiff’s case is that he applied for land in the FCT and was granted plot 271 Cadastral Zone Bo4 Jabi District by 2nd Defendant via a letter dated 25th March 2006. He accepted the allocation and duly made all necessary payments and he thereafter submitted his building plan for approval to the Department of Development Control.