UMAR & ORS
V.
MANAGING DIRECTOR, FHA, ABUJA & ANOR

(2018) JELR 38909 (CA)    

Court of Appeal  ·  CA/K/170/2009 ·  4 May 2018 ·  Nigeria
CORAM
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
trial court
preliminary objection
respondents
2nd defendant
award of damages
appellate court
grounds of appeal
leave of court
private depositors
damages
brief of argument
judgment of the trial court
learned trial judge of the lower court
award of general damages
award of n10
determination of the appeal
exercise of discretion
final judgment
hearing of the appeal
judgment of the federal high court of justice
kano division
kano state government
learned counsel
lower court
sale of mariri houses
tune of n2,000,000.00
abdul v. cpc
appellants claims
building project
case ofadeniyi v. oyeleye
claims of the appellants
competence of some grounds of appeal
date of judgment
facts of the case
following cases
general rule
given case
i. that ground b
iwueke v. i.b.c
leading judgment
military regime
names of the appellants
order of this honourable court
per fabiyi
record of appeal
respondents preliminary objection
rules of this court
uwani musa abba aji

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court of justice, Kano Division, holden at Kano in Suit No.FHC/K/CP/30/01, delivered on 10/3/2008 by Hon. Justice Adamu Bello, wherein the Claims of the Appellants against the Respondents were granted with the award of N10 million damages.

The Appellants Claims at the lower Court against the Respondents vide the amended joint Statement of Claim dated 17/12/2007 contained at pages 220-226 of the records were as follows:

a. A DECLARATION that there is a subsisting contract between the private depositors and the 2nd Defendant under which the depositors purchased the houses built by the 2nd Defendant at Mariri, Kano, under the National Housing Scheme, and that the 2nd Defendant breached the contract.

b. An order setting aside the sale of Mariri houses between the Federal Housing Authority and the Kano State Government being a contract which is ultra vires, null and void ab i…

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