(2018) JELR 38776 (CA)    

Court of Appeal  ·  CA/A/472/2017 ·  2 Jul 2018 ·  Nigeria
ABDU ABOKI Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
court of appeal rules
record of appeal
evidence act
lead judgment
act of trespass
lower court
order of perpetual injunction
public holidays
special damages
statement of claim
16th day of may
2nd plaintiffs
31st day of march
9th day of october
appellants claim
ashiru vs olukoya
competence of amac
conclusion of trial
cost of the affected destroyed work materials
dabo vs abdullahi
determination of the appeal
failure of the trial court
following issues
grounds of appeal
judgment of the high court of federal capital territory
judgment of the lower court
leading judgment
les situs rule
notice of appeal
plot no.
public holidays act cap p40
real issues
such issues
sum of n147,500.00k
time of vacation
uncharitable words
unlawful invasion of the 2nd plaintiffs land
validity of exhibits

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Federal Capital Territory, Abuja delivered on the 31st day of March, 2017 in Suit No. FCT/HC/1609/15 by Hon. Justice A. O. Ebong.

The appellants as plaintiffs at the Lower Court by a writ of Summons and Statement of claim dated and filed on the 17th of April, 2015 claim against the respondent as defendant therein as follows:

1. A declaration that the 2nd plaintiffs Customary Right of Occupancy and the title over Plot No. 270 Gbazango Layout Kubwa Abuja FCT is still valid, and subsisting and he is entiiled to same.

2. A declaration that the defendant's invasion of the 2nd plaintiff's plot of land, pulling down and destroying of his perimeter block wall and other work materials and erecting of military sign board thereon is unlawful, mischievous and calculated to annoy and embarrass the 2nd plaintiff and therefore amounts to trespass.

3. The sum of N147,500.00k being special…

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