(2018) JELR 39052 (CA)    

Court of Appeal  ·  CA/PH/93/2014 ·  19 Jan 2018 ·  Nigeria
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
new finima
federal high court
old finima
record of appeal
statement of claim
exclusive jurisdiction
learned trial judge
virtue of section
subject matter
amended statement of claim of the respondent
jurisdiction of the state high court
supreme court decision
jurisdiction of the court
plaintiffs claims
plaintiffs standard
account of plaintiffs house
account of this matter
acquisition of claimants houses
administrative decision of defendant
amended statement of defence
appellants brief of argument
building of properties
case of nkuma v odili
civil suits
compensation monies
date of the document
defendants counsel
following cost
following reliefs
interlocutory appeal
land use act fall
learned trial judge suo motu
management of federal government agencies
new finima towns
paragraphs affidavit
plots 124a
point of law
promulgation of the said decree
provision of the money
relocation of the claimant
respondents action
respondents brief of argument
root cause of the claim
sum of n3,271,050
time of the act

BITRUS GYARAZAMA SANGA, J.C.A.(Delivering the Leading Judgment): This interlocutory appeal originated from the ruling of T. S. Oji J., delivered on 27/06/2013. The respondent is the Claimant while the appellant is the Defendant. The Claimant filed a Further Amended Statement of Claim on 28/06/1993 against the Defendant seeking for the following reliefs: -

1: On the footing of special and general damages the sum of N3,271,050:00 for losses suffered and continuing particularized as follows: -

(a) Building of properties known as plots 124A, 214B, 215A and 215B or provision of the money to build same estimated at the following cost: -

(i) Plot 124A - - - - N375,000:00

(ii) Plot 124B - - - - N250,000:00

(iii) Plot 215A - - - - 375,000:00

(iv) Plot 215B - - - - 200,000:00

(b) Provision of adequate conveniences, fixtures and fittings to the Plaintiffs standard as were obtainable in her houses in old Finima or in the alternative the under listed estimated prevailing market prices for the provision o…

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