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ONA & ANOR.
V.
ATENDA

(2000) JELR 43969 (CA)

Court of Appeal 27 Jan 2000 Nigeria
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- The case involves a claim for damages and an injunction against trespassing on a property in the Federal Capital Territory. - The defendants argue that only the Area Courts have jurisdiction over the land in question. - The interpretation

Case Details

Suit Number:CA/A/54/97
Judges:DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria ZAINAB ALIYU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria
Counsel:Karima Tunyan, Esq. For Appellant Uye Ogedegbe. Esq. A A.A. Izinyon, SAN (with him, V.B. Inedia, Esq. F.A. Obatuyi. Esq. A.J Osanyende) - as amicus curiaeJ.O. Adesina (Mrs) (holding Adetokunbo Kayode's brief)- as amicus curiaeD.A. Muhammed (on behalf of the Attorney-General of the Federation) - as amicus curiaeM.M, Alkali, Esq, (Director of Legal Services in the Federal Capital Territory) - as amicus curiae For Respondent
Other Citations:(2000) 5 NWLR (Pt. 656) 244, Ona v. Atenda (2000) 5 NWLR (Pt. 656) 244

AKINTAN, JCA (Delivering the Leading Ruling): The plaintiff/respondent, Alhaji Diga Romani Atenda, had instituted this action at the Abuja Judicial Division of the High Court of the Federal Capital Territory as Suit No. CV/315/96 against the two defendants/appellants, Joseph Ona and Festus Ona. The plaintiff's claim against the two defendants, as set out in paragraph 28 of the Statement of Claim which was filed along with the writ of summons is as follows:-

"Whereof the plaintiff claims the following court reliefs:-

(a) One Million, Five Hundred Thousand Naira (₦1,500.000.00) damages for trespass to property, harassment, humiliation, defamation, damage to reputation and good will.

(b) Perpetual injunction restraining the defendants by themselves, agents and privies from any further trespass to the property in dispute and the person of the plaintiff."

The defendants filed a memorandum of appearance and thereafter their counsel raised a preliminary objection as to the jurisdiction of t…

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