my conclusion that Pax Education Resource is
the owner or allottee of the Plot.”
Both the 1st and 2nd Defendants and the evidence of DW2 could
not explain to the Court the Plot that was first allocated to Pax
Education Resource Limited before the replacement with Plot
SS1 Jikwoyi Extension III. The human error and the resolution
of the double allocation as claimed by the 1st Defendant, the 1st
Defendant jettisoned their own procedure with an idea of
replacement in order to justify the deprivation of Plot SSI
granted to Fine Trust Academy. The prosecution has
discredited both the evidence of DWS 2, 4 and 6 as regards
replacement and their evidence is unreliable in the instant
case.
Hence, therefore, as I said before, DW2 is not a witness of
truth including his Investigation Report, exhibit 21.
The evidence of DW3 further confirms that it was PTA (Nigeria)
limited that applied for allocation of Plot from Abuja Municipal
Area Council and not Pax Education Resource Limited. While
the evidence of DW5 only strengthened the case of the
prosecution especially when DW5 testified under cross
examination as follows: “I can see exhibit 13. The assessment fees have
been paid into Abuja Municipal Area Council
coffers. Before the assessment of fees, there
must have been an allocation.”
Thus, by the evidence of DW5 under cross examination, Plot
SS1 Jikwoyi Extension III was duly and rightly allocated to Fine
Trust Academy and Fine Trust Academy paid the Right of
Occupancy Rent and fees and was issued a receipt by Abuja
Municipal Area Council, exhibit 13. DW5 did not deny exhibit 13
emanating from Abuja Municipal Area Council and the receipt
exhibit 13 is a certified true copy. The evidence in-chief of DW5
is that the Right of Occupancy Rent and fees attached to
exhibit 5 was purportedly said to have been signed by him.
DW5 did not categorically disown or deny that the assessment
fees attached to exhibit 5 was not signed him but his quarrel
was with the format used which the assessment document did
not carry the characters.
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