ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgement): This is an appeal against the final judgment of the High Court of the Federal Capital Territory, Abuja (the trial court), delivered on the 5th day of April, 2016 by Hon. Justice Chizoba N. Oji in Suit No. FCT/HC/CV/3019/2011. The judgment is at pages 200 – 235 of the Record of Appeal.
The action giving rise to this appeal was commenced by the Appellant at the trial court vide a Writ of Summons wherein she claimed the following reliefs against the Respondent:
- Ejecting the defendant from Shop No 2, Block B22 Section B, Wuse Modern Market, Abuja.
- Vesting possession of same in the plaintiff
- Cost of this suit.
The Appellant claimed she was the owner of the property lying and situate at No. 2, Block B22, Section B, Wuse Modern Market, Wuse, Abuja which she rented out to the Respondent at the sum of N1,000,000.00 (One Million Naira) only per annum, which tenancy commenced from 1st January, 2009 to 31st December, 2009. The Appellant c…