DR. CHIEF F. A. Z. ADEKANYE V. GRAND SERVICES LTD

PETER-ODILI JCA (Delivering the Lead Judgment): This is anappeal against the ruling delivered by the Hon. Justice L. H. Gummi at the Wuse High Court of Justice,Abuja on 17/4/2002 and the judgment of 17/6/ 2002. The combined notice of appeal had 7 grounds of appeal.

Facts briefly stated:

The plaintiff in paragraph 19 of his statement of claim,claimed against the original two defendants as follows:- Against the 1st defendant an order of perpetual injunction prohibitingthe 1st defendant, herservants, agentsand/or privies from committing further acts of trespass on the said land and/ or alternatively. Against the 2nd defendant the sum of N6,800,000.00 being expenses incurred by the plaintiff in acquiring the fenced and substantially developed land.

Before the commencement of the trial,the name of the 2nd defendant was struck out on the application of the plaintiff, hence, the 2nd relief was as a result deemed abandoned. The germane averments as contained in his statement of claim are conta…