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DAHIRU

(2007) JELR 48118 (CA)

Court of Appeal 24 Jan 2007 Nigeria
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- This case is an appeal against a decision that granted declaratory and injunctive reliefs to the plaintiff and awarded damages against the defendants. - The plaintiff was granted a right of occupancy over a plot of land, but the defendant

Case Details

Suit Number:CA/A/176/03
Judges:MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria
Counsel:Prof. T. Osipitan SAN, J.O. Adesina (Mrs.) A. Kayode Esq, A.A Adebiyi (Miss) for the Appellant.On 19/10106 when the matter was adjoinedto 6/11/06, day of hearing counsel for 1st ofhearing counsel for 1st Respondent was in court.2nd and 3rd Respondents were served on 1/11/06. For Appellant Not represented. For Respondent

MARY U. PETER-ODILI, J.C.A.: (Delivered the Leading Judgment): This appeal is against the decision of Honourable Justice O. Okeke delivered in the open court by Honourable Justice SW. Egbo-Egbo at Abuja on the 11th day of June 2003. The judgment granted the 1st respondent (the plaintiff in the court below) declaratory and injunctive reliefs against the Defendants and awarded the sum of five hundred thousand naira only (N500,000.00) damages against the 1st and 2nd Defendants (now 2nd and 3rd Respondents in this appeal) against this judgment, it is only the 4th Defendant in the court below that has appealed. The 1st, 2nd and 3rd Defendants have not appealed.

STATEMENT OF FACTS

On the application by the plaintiff (now the 1st Respondent) the 1st Defendant (now 2nd Respondent) issued the plaintiff right of occupancy over plot NO.109 Wuse II, FCT Abuja covered by Certificate of Occupancy NO. FCT/ABU/BA.50 Exhibit 'A'. The plaintiff in 1994 applied for approval of building plan and a lette…

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