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ANOSIKE BUILDING & COMMERCIAL COMPANY LIMITED V. FEDERAL CAPITAL DEVELOPMENT AUTHORITY

(1994) JELR 43331 (CA)

Court of Appeal  •  CA/K/73/92  •  31 Mar 1994  •  Nigeria

Coram
UMARU ABDULLAHI JCA; MURITALA AREMU OKUNOLA JCA; MAHMUD MOHAMMED JCA;

Appearances
P. O. Akunyili For Appellant Mela Audu Nunghe Snr Legal Officer For Respondent

Judgement

MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Justice of the Federal Capital Territory, Abuja presided by the Hon. Chief Judge, Justice M. D. Saleh delivered on 18th March, 1992 in which he refused a motion on notice for an order of interim injunction filed by the appellant against the respondent.

The facts of this case leading to this application are very short and straightforward. The appellant as the plaintiff filed an action against the respondent at the court below by a writ of summons claiming the following 6 reliefs:-

(1) "A declaration that the plaintiffs are entitled to a certificate of occupancy over all that parcel of land measuring approximately 2,318 Hectares bounded by the following pillars whose co-ordinates are as follows:-

TF NOS NOTHING EASTING

TF 4 1003,534,950 323,700,002

TF 5 1003,303,065 323,700,002

TF 9 1003,361,739 323,600,002

TF 8 1003,593,624 323,600,002

situate at Abuja within ju…

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