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OHIKHUARE
V.
MALAMI & ORS

(2013) JELR 35322 (CA)

Court of Appeal 13 Dec 2013 Nigeria
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Case Details

Suit Number:CA/A/370/2012
Judges:ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria
Counsel:Paul Eroko, SAN, S. I. Ameh, SAN, Femi Falana, SAN, Adams Imuekemhe, Esq., Okwudili Anozie, Esq., Liborous Oshoma, Esq., Samuel Ogale, Esq., A.G. Negedu, Esq., Michael Ajara, Esq., Ifeyinwa Arum (Miss), Esq., Kingsley Odey, Esq., Jamila Jubril (Miss), Esq., B. A. Gbadeyan, Esq., Chinonso Anozie, Esq., Victoria Agu (Miss), Esq., Z. Akubo, Esq., Olakutan Olatigbe (Miss), Esq., F. U. Emmanuel, Esq. - for the Appellant/Applicant For Appellant Chief U. N. Udechukwu, SAN, Abimbola Kayode, Esq., J. C. Njikonye, Esq., Olarewaji Salawu, Esq., Olatunyi Ikpegbu (Mrs), Esq., Nkechi Aniebonam (Miss), Esq. - For 1st & 5th Respondents E.M. Asawalam, Esq. - For 2nd and 3rd Respondents.Yakubo Madeh, Esq. with Miss Vallari Aaron - For 4th Respondent. For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling): The subject matter under contention was formerly known as plot No.865 (now plot No.1809) within the Cadastral Zone "A04", situate in Asokoro, Abuja, the Federal Capital Territory. Ambassador Alhaji Shehu Othman Malami, OFR (1st respondent) by an irrevocable power of attorney, appointed one Sir. Emeka Offor (5th respondent) to take possession, manage and administer the said property on behalf of the Ambassador. The 2nd and 3rd respondents subsequently revoked the plot in favour of one Mohammed Habib Aliyu (4th respondent). This suit was commenced by the 1st respondent in the High Court of the Federal Capital Territory, Abuja on 9th March, 2010 against (1) Minister of the Federal Capital Territory (2) Federal Capital Development Authority and (3) Mohammed Habib Aliyu claiming declaration and injunctive reliefs against the named defendants. Paragraphs 1 and 2 of the original statement of claim pleaded that:

"1. The plaintiff is a reti…

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