(2022) JELR 109151 (CA)    
Court of Appeal  ·  CA/A/272/2019 ·  11 Jan 2022 ·  Nigeria
Moore Aseimo Abraham Adumein, JCA Olabode Abimbola Adegbehingbe, JCA Muslim Sule Hassan, JCA

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): The respondent, named The Occupier (GW 163902), filed an Originating Motion before the lower Court on 18/10/2018, where it/she/he prayed the Court for the following orders:

"1) A Declaration that having regards to the pendency of an appeal filed at the Court of Appeal by the 1st Respondent against the decision of this Honourable Court delivered on the April 12th, 2018 in suit NO. FCT/HC/CV/2625/16 between Planned Shelter Limited v. Abuja Municipal Area Council and 5 Others it is unlawful and improper for them to ignore the said judgment, the subject matter of appeal also filed by them and proceed to carry out the very activity which this Honourable Court, by virtue of the said decision has prohibited.

2) A Declaration the Suit/case No: AMAC/1053/2018 pending before the 2nd Respondent is contemptuous abuse of process, the effect of which is that the proceedings is a nullity and as such the Court below lacks jurisdic…

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