The 2nd Defendant was my senior colleague in
the office. The application for processing of title
deed plan was in respect of plot in Jikwoyi. The
title deed was not processed because when the
file was brought to us, we followed due process
to find out if the name of the person is on the
list and we also checked the cartography
Department whether that file has ever been
charted.”
PW2 testified further as follows:“On checking, I discovered that it was charted in
2005 for Fine Trust Academy and title deed was
processed and collected by Fine Trust Academy as at
that time.”
Then exhibits 5 and 5(a) were received in Evidence through
PW2. Exhibit 5 is the application for customary right of
occupancy by Fine Trust Academy while exhibit 5(a) was the
application for customary right of occupancy by PTA (Nigeria)
Limited PW2 testified that by exhibit 5(a), it was PTA Nigeria
Limited that applied for the land but when the allocation letter
came out, it came out in the name of Pax Education Resources.
PW2 when shown exhibit 5(a) especially the last minutes on
exhibit 5(a) testified as follows:“The minutes of my colleague showed that the plot
has been charted already in favour of MISC 9764.
9764 is the number for Fine Trust Academy.”
PW2 was also shown the last page of exhibit 5 and testified as
follows:“Exhibit 5, the last page, the title deed was
signed by me in 2005. When title deed is signed
it gives the person the right to the plot.
PW2 further testified “it is not consistent for one person to
apply and then the allocation comes out in another person’s
name. If application is made the allocation is made in that
same name.
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