(2022) JELR 109152 (CA)    
Court of Appeal  ·  CA/A/694/2018 ·  14 Jan 2022 ·  Nigeria
Stephen Jonah Adah, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA Bature Isah Gafai, JCA
Core Terms Beta
gbazango layout
13th march
1st defendant
6th september
order of this honourable court
trial court
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…

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