1997 – 2000 and that Plot SS1 Jikwoyi Extension III was a Plot
applied for by Fine Trust Academy and Fine Trust Academy was
allocated the Plot. PW1 concluded his evidence that he is not
aware of the allocation of Plot SS1 Jikwoyi Extension III to Pax
Education Resource Limited.
PW2 was the resident Surveyor in Abuja Municipal Area Council
between 2004 to about February, 2011. In her testimony, she
stated that she was the Surveyor in charge of all Surveys and
mapping activities within Abuja Municipal Area Council at that
time and that they were colleagues with the 1st and 2nd
Defendants working in Abuja Municipal Area Council and that
the 2nd Defendant was her Senior colleague. According to PW2
while in the office the 1st Defendant brought an application for
processing of his title deed plan in respect of a Plot in Jikwoyi.
According to PW2 the application was not processed because
when the file was brought to them, they followed due process
to ascertain if the name of the person is on the list and they
also checked the Cartography Department whether the plot in
the file has been charted. PW2 testified that on checking the
file, she discovered that the plot was charted in 2005 in favour
of Fine Trust Academy as at that time and that a Plot can only
be charted once and therefore the file could not be charted for
Pax Education Resources. PW2 testified further that she then
wrote or minuted that the Plot has been charted for another
allottee. The two policy files of Fine Trust Academy and Pax
Education Resource were received in evidence through PW2 as
exhibits 5 and 5(a) respectively.
Further, PW2 when shown exhibit 5(a), the policy file of Pax
Education Resource Limited she testified that the application
for allocation of the plot was made by P.T.A Nigeria Limited and
the allocation letter was made in the name of Pax Education
Resource. PW2 stated that the minutes in the last page of her
colleague in exhibit 5(a) showed that the plot has been charted
already in favour of Fine Trust Academy with File Number MISC
9764 and she identified the title deed on the last page of
exhibit 5 being signed by her in 2005. She then testifies that
when the title deed is signed it gives the allotee the right to the
plot. PW2 then concluded her testimony by saying that it is not
consistent for one person to apply for allocation and then the
allocation of the Plot carry another person’s name.
3