(2008) JELR 49406 (CA)    

Court of Appeal  ·  CA/A/276/07 ·  19 Dec 2008 ·  Nigeria
UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
learned trial judge
nwlr part
defence of laches
following cases
lower court
favour of the respondent
legal rights
prior knowledge of any kind of the presence
court process
cross examination
earlier case
plot of land
statement of claim
appeal fails
ayobode o. lokulo-sodipe
british thomson houston company limited
careful examination of exhibit
ch page
complete agreement
conclusion of trial
construction of the said plot
exhibit p3
facts of the case
fc78 page
federal capital territory
final analysis
finding of facts of the learned trial judge
land administration
land registry office
leading judgment
legal interest of the plaintiff
order of perpetual injunction
possession of the premises
possession of the said land
prior knowledge
right of occupancy
said piece of land
said plot of land
subsequent conduct of the appellant
trial judge
uwani abba aji

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal from the Judgment of the High Court of the Federal Capital Territory, Abuja, in suit No.FCT/HC/CV/678/02-PROF MICHAEL AYODELE AJOMO AND DR DAVIDSON OGUOCHA delivered on the 3rd day of January 2007.

Briefly the facts of the case are that Respondent as plaintiff at the lower Court claimed as follows:-

(a) Possession of the premises

(b) An injunction restraining the Defendant whether by himself, his servants, agents, privies or otherwise howsoever from further trespassing on the premises.

The premises in question is the land known as Plot 677, Wuye District, Cadastral Zone B3, Federal Capital Territory, Abuja which was allocated to the Respondent by the Federal Capital Development Authority. The Respondent acquired a right of Occupancy over the land which was evidenced by a Certificate of Occupancy No: FCT/ABU/ED/2274 of 10th February 1999 registered as No:FC78 Page 78 in Volume 92 of the Land Administratio…

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