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NWANA
V.
FCDA & ORS.

(2004) JELR 45041 (SC)

Supreme Court 2 Jul 2004 Nigeria
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- The appellant, an employee of the 1st respondent and occupying an official residence as a condition of employment, was forcefully evicted after his employment was terminated due to misconduct. - At trial, the High Court awarded the appell

Case Details

Suit Number:SC.169/1999
Judges:UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Counsel:Chief Karina Tunyan (with him - Emmanuel Ejiofor) For Appellant P.Y Okala, Director, Legal Services, Federal Capital Territory (with him, - Y.H. Wodi), Principal Legal Officer) For Respondent

TOBI, J.S.C. (Delivering the Leading Judgment): The appellant was a Principal Technical Officer with the 1st respondent. He was allocated a 2 bedroom flat at Area 2, section 1, Block 41, flat 2, Garki, Abuja. On 11th April, 1989 his appointment was terminated. Following the termination, the 1st respondent and other persons acting on its behalf as agents and servants entered the house and took possession of same. The appellant was thereby deprived of the use and enjoyment of the premises. He claimed that his properties were damaged in the process.

He filed an action at the High Court of Justice, Federal Capital Territory. He claimed for N250,000.00 exemplary damages. Parties gave evidence at the trial. The learned trial Judge gave judgment in favour of the appellant. He awarded him NI20,268.00 special damages for trespass committed on the premises and goods.

Dissatisfied, the respondents appealed to the Court of Appeal as appellants. That court overturned the decision of the learned …

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