MADU
V.
MADU

(2002) JELR 57815 (CA)

Court of Appeal · CA/A/22/2000 · 12 Apr 2002 · Nigeria

CORAM

MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Presided) ZAINAB A. BULKACHUWA, JCA (Read the Lead Judgment) ALBERT GBADEBO ODUYEMI, JCA

Ratio Decidendi

Core Terms ^Beta

trial court

name of the respondent

allottee of the plot

disputed land

case of the defendant

result of the circumstances

photocopies of the original documents

possession of the appellant

immediate possession of the said certificate of occupancy

said plot

personal property

name of the plaintiff

certificate of occupancy no. fct

learned trial judge

lead judgment

following issues

registrar of the trial court

respondent

grounds of appeal

lower court

order of perpetual injunction

evidence of the appellant

resulting trust

considered judgment

statement of defence

plaintiff

land

such vital issue

said circumstances

relevant documents

respect of the plot

name of his former wife

statement of claim

favour of the plaintiff

defence of the defendant

subsistence of their marriage

defendant

respect of the disputed land

purchase price

evidence act

evidence

necessary allocation fees

appellant

personal money

respondent’s first issue covers grounds

better understanding

respect of the disputed land exhibits d1

sufficient length of time

rightful owner

BULKACHUWA, JCA (Delivering the Lead Judgment): By a writ of summons dated the 30th day of April, 1998, the respondent as plaintiff initiated this action before the trial court and claims as per paragraph 13 of her statement of claim the following reliefs:- Declaration that the plaintiff is the owner/allottee of the plot covered by Certificate of Occupancy No. FCT/ABU/AN.2685.

Declaration that the plaintiff is entitled to immediate possession of the said Certificate of Occupancy. An order of perpetual injunction restraining the defendant from further trespassing into the said plot.

₦5 million general damages for trespass, alternatively ₦5 million general damages for waste.

The respondent testified as the PW1 and called no other witness and her testimony was to the effect that she married the appellant in 1976 in West Germany and they separated in 1993. That in 1990 she applied to the FCDA for a plot which application was approved and plot 327 Wuse II Abuja was allocated to her, but the…

MADU V. MADU

MADU
V.
MADU