Facts:

The 1st – 48th respondents, staff of Nigerian Telecommunications Plc (NITEL) occupied various flats in the Estate then known as NITEL Quarters, situate at Plot 570 (3) Durban Street, Wuse II Abuja as their official quarters. As a result of the Federal Government’s Monetization Policy, the 49th and 50th respondents obtained the approval of the President to sell all developed houses and staff housing estates belonging to the Federal Government’s Ministries, Agencies and Parastatals. Sitting tenants in the various properties were given the right of first refusal to purchase the flats they occupied.

The 1st – 48th respondents, as beneficiaries of this policy, opted to purchase their flats. They were issued offer letters, which contained a schedule spelling out the extent of what they purchased. It is pertinent to note that the land upon which the official quarters was built, Plot 570 (3), was originally allocated to NITEL. They remained in peaceful possession of their flats until sometime in July 2007 when they discovered that the 49th and 50th respondents (1st and 2nd defendants) had demarcated the plot and re-allocated a portion to some other members of the public including the 51st respondent and the appellant.

It was the 1st – 48th respondents’ contention that the area demarcated and re-numbered by the 49th and 50th respondents and re-allocated to the appellant and the 51st respondent formed the recreational area and car park for their block of flats. It was their contention that the said portion of land constitutes the appurtenance to their flats and therefore forms part of what they purchased and that the 49th and 50th respondents had no right to allocate same to any other person.

In defence of these contentions, the 49th and 50th respondents and the 51st respondent respectively, argued that the newly carved plot was not part of the flats sold to the 1st – 48th respondents, as their car park, right of way and other easements were still intact. It was their contention that the undeveloped portion of Plot 570 belonging to NITEL Pie and the undeveloped plots of all other Federal Government Agencies throughout the Federation were revoked, redesigned and re-allotted. That after the re-design, the two plots carved out of the old Plot 570 were renumbered as Plots 1784 and 1786, while the plot on which the 1st – 48th respondents’ block of flats stood retained the old plot number of 570. That the appellant and 51st respondent subsequently applied to the 49th and 50th respondents for any available land within the FCT and were duly allocated the said plots 1784 and 1786 respectively and were issued with statutory Rights of Occupancy in respect thereof. As at the commencement of the suit before the trial court, the appellant had erected 4 blocks of flats on its Plot 1784.

The parties filed and exchanged pleadings. The appellant and the 51st respondent in addition to their statements of defence filed counter claims seeking declaratory reliefs. The parties called a total of 5 witnesses. 17 documents were admitted in evidence as exhibits. At the conclusion of the trial and after careful consideration of the parties’ respective written addresses, the trial court dismissed the 1st – 48th Respondents’ claims and granted all the declaratory reliefs sought by appellant and the 51st respondent.