(2004) JELR 45041 (SC)    

Supreme Court  ·  SC.169/1999 ·  2 Jul 2004 ·  Nigeria
Other Citations
Nwana v. F.C.D.A. (2004) 13 NWLR (Pt.889) 128 (2004) 19 NSCQR 142
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
Core Terms Beta
court of appeal
concurring judgment
leading judgment
1st respondent
supreme court
case of chukwumah v
decision of the supreme court
favour of the appellant
formulation of issues
issue no.2
judgment of the court of appeal
leading judgment of ogundare
learned trial judge
obiter dictum
submission of counsel
allocation letter
area of law
conclusion of the court of appeal
court of first instance
decision of the court
decision of the learned trial judge
enjoyment of the premises
federal capital territory
following cases
high court of justice
issue no.
issue suo motu
legal services
lnlaks ltd.
medical practitioner
mere fact
own judgment
position of the common law
premises act
ratio of the case
respect of a licensee
respect of the concurring judgment of karibi
respondents grounds of appeal
said judgment
said premises
similar point
such issues

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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