ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of FCT Abuja, holden at Kuje, delivered on the 10th day of April, 2008 by Hon. Justice Peter O. Affen.
The Appellant was the Plaintiff before the Court below while the Respondents were the defendants.
The plaintiff commence the suit against the Defendants at the Lower Court via Writ of summons wherein they claims as follows:
1. A declaration that the plaintiff as the head of the Audu Wuru family is the rightly owner of the open space in front of the Audu Wuru family house, Wuru Quarters, Kuje.
2. A declaration that the alleged sale of the open space to the first defendant by the second Defendant is illegal, null and void, having done so without authority of the plaintiff as the head of Audu Wuru family.
3. A sum of N2,500.00 annually as rent for the open space from the first Defendant from year 2003 till the determination of this suit
The plaintiff case was dismissed pursuant to ORDER…