ABUBAKAR & ANOR
V.
CHAMO

(2022) JELR 109152 (CA)

Court of Appeal · CA/A/694/2018 · 14 Jan 2022 · Nigeria

CORAM

Stephen Jonah Adah, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA Bature Isah Gafai, JCA

Core Terms ^Beta

respondent

court

agreement

gbazango layout

13th march

1st defendant

6th september

order of this honourable court

trial court

appellant

exhibit ch3

exhibit r

learned trial court

amended notice of appeal

statement of claim

case of the respondent

claim of the respondent

contract of the parties

date judgment

judgment of the trial court

nature of the case

proprietary right

said plot

statute of limitation act

understanding of the 1st defendant

view of the agreement

appellants' joint

appellant's plot

argument of the learned respondent

basis of exhibit ch3

cause of action of the respondent

date of occurrence of the cause

exact copy of exhibits k

false claim

federal capital territory

following action

instant action

leading judgment

nature of evidence

plot number

previous statement of dw2

respect of the objection

respondent's preliminary objection

respondent's right

spite of the fact

submission of the learned counsel

suit no. fct

time frame

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This appeal emanated as a result of the Judgment of the High Court of the Federal Capital Territory, Abuja, delivered by Hon. Justice U. A. Musale in Suit No. FCT/HC/CV/1300/2014 wherein the Court below granted the claim of the Respondent (the Plaintiff at the Court below).

At the Court below the Respondent claimed in the main as follows against the Appellants:

1. A declaration that by the understanding of the 1st defendant to the plaintiff as contained in their agreement dated 6th September, 2002 and 13th March, 2004 the plaintiff is entitled to an order of this Honourable Court evicting the defendants from the property known as Plot 298 measuring about 750M2 at Gbazango Layout

2. A declaration that the 1st Defendant is stopped by his conduct from reneging from the undertaking contained in the contract of the parties as contained in the agreement made by the parties relating to the title to plot No. 298 meas…

ABUBAKAR & ANOR V. CHAMO

ABUBAKAR & ANOR
V.
CHAMO