Mrs. Josephine Idongesit Mbat (Appellant) vs. The Honourable Minister, Federal Capital Territory & 2 Ors. (Respondents)

Facts

The Appellant won the bid for the property known as D7A, Flat 2, Zone D, Apo District, FCT, Abuja, which contained terms of offer dated 13th December 2005, between the Federal Government of Nigeria as the Lessor and the Appellant as the Lessee. Upon expiration of the time the Appellant was expected to make the full and final payment, particularly the third instalment, the 1st and 2nd Respondents gave the Appellant a grace period of six months, but the Appellant still defaulted in making the final payment. Consequently, the 1st and 2nd Respondents withdrew the offer and terminated the contract arising therefrom. The property was subsequently offered to the 3rd Respondent as a replacement to the property sold to her earlier, which had a defect. The 3rd Respondent accepted the offer by making full payment within the time stipulated in the letter of offer, and was issued a handover note. However, the 3rd Respondent could not take possession of the property as the Appellant had forcefully moved into the property without completing payment and without a handover note.

Given the above circumstances, the Appellant commenced an action against the Respondents at the High Court of the FCT, Abuja in respect of an alleged proprietary and possessory interest over the property which she claimed to have validly purchased from the 1st and 2nd Respondents having won the bid for the said property. The Appellant sought various declaratory and injunctive reliefs against the Respondents. The 3rd Respondent on her part, filed a Counter-claim.