(2003) JELR 44900 (CA)    

Court of Appeal  ·  CA/A/141/2001 ·  25 Mar 2003 ·  Nigeria
Other Citations
Zest News v. Waziri [2004] 8 NWLR (Pt.875)267
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
support of the application
federal high court
true copy of the letter
cause of action
flat known
name of the defendant
ricky tarfa
trial judge
writ of summons
10th day of may
abuse of the process of the court
honourable court
law firm
limited liability company
point of law
abu umar limited
abu umar ventures
aforesaid abu umar ventures
albert gbadebo oduyemi
civil procedure
correct state of facts
determination of the substantive suit
good faith
high court of abuja
high court of the federal capital territory
house no.1
house no.1,362 road
law firm of oditah
leading judgment
legal personality
managing director
order of interlocutory injunction
ownership of the property
such further order
such order
true nature
uncontradicted affidavit evidence of the applicant
usual manner
zainab adamu bulkachuwa

GEORGE ADESOLA OGUNTADE, J.C.A. (Delivering the Leading Judgment): At the High Court of Abuja, the appellant was the plaintiff and the respondent was the defendant. The parties are hereinafter referred to by the same description they bore before the lower court. On 10th May, 2001, the plaintiff issued its writ of summons claiming from the defendant the following reliefs:

"1. A declaration that the plaintiff is the lawful allotee, owner or person with sufficient interest in the 3 bedroom flat known and addressed as house No.1,362 Road, FHA Estate Phase 111, Kubwa Abuja.

2. A perpetual injufnction restraining the defendant, his agent(s), servant(s), privy(ies) assigns(s) or anyone claiming through him or howsoever called from trespassing or howsoever interfering with the plaintiff's possession (actual or constructive) or any other, from the enjoyment of the flat described in (1) above".

On the same date it issued its writ of summons, the plaintiff filed an application on notice pursuan…

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