charted once then the file of Pax Education Resource of the 1st
Defendant could not be charted.
The 2nd Defendant, in his statement exhibit 11 (a) stated as
follows:“I allocated many plots in Jikwoyi from 1997 to
2000. As I can see from the signature, I am the
person that allocated this plot SS1 Jikwoyi
Extension III Layout.”
The 2nd Defendant, in exhibit 11(a) also stated that the
allocations were made by him and sometime there are human
errors which normally causes double allocations. The 2nd
Defendant, in exhibit 11(a) stated that “when this occurs we
cross check and see if any of the two has gone to chart and
title deed plan issued. I or we as usually done in land
allocation, we then replace the second person another plot to
settle the case.”
In the instant case, it is clear from the evidence of PWs1,2,3
and 4, plot SS1 Jikwoyi Extension III had been charted in
favour of Fine Trust Academy and the evidence of PW2 is apt
here. In otherwords, by the statement of the 2nd Defendant,
exhibit 11(a) and the 2nd Defendant being the Zonal Land
Manager that signed the two allocations as shown on exhibits 5
and 5(a) i.e Fine Trust Academy and Pax Education Resource
amounting to double allocation due to human error, the plot
SS1 Jikwoyi Extension III had already been charted in favour of
Fine Trust Academy and TDP issued. This is to say, plot SS1
Jikwoyi Extension III having been charted in favour of Fine
Trust Academy, as evidence by exhibit 18 and the evidence of
PW2, if there is any person to be re- allocated to another plot
as a replacement from the evidence before the Court is Pax
Education Resource.
Furthermore, by exhibits 5 and 5 (a), the letter of allocation of
Fine Trust Academy is dated 11th December, 1997 duly signed
by the 2nd Defendant while the allocation letter of Pax
Education is dated 12th July, 2000 and equally signed by the 2nd
Defendant. Thus, if the 2nd Defendant is sincere that it was a
human error, by their procedure in resolving issues of double
allocation and in law, the first on time will be left with the plot,
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