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OLUWAFEMI ABIOYE APATA V. HONOURABLE MINISTER OF FEDERAL CAPTITAL TERRITORY, ABUJA & MARCUS ALU

(2023) JELR 111405 (CA)

Court of Appeal  •  CA/A/288/2019  •  10 Feb 2023  •  Nigeria

Coram
ELFRIEDA O. WILLIAMS - DAWODU JCA UGOCHUKWU ANTHONY OGAKWU JCA DANLAMI ZAMA SENCHI JCA

Appearances
George Ibekwe Esq. with W.I Isilaka for the Appellant; Olalekan I. Oladapo Esq. for the 1st Respondent; E.B Ochuma Esq. for the 2nd Respondent.

Judgement

DANLAMI ZAMA SENCHI, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of The Federal Capital Territory sitting in Abuja in Suit No. FCT/HC/CV/719/2007 delivered on 21st day of January, 2019 by A.O EBONG J.

The Appellant (Plaintiff) at the trial Court commenced this action against the 1st Respondent vide a Writ of summons dated 18th April 2007. By the order of the Trial Court granted on 21st January, 2020, the plaintiff amended his writ of Summons and statement of claim by substituting the name of the 1st Defendant to Hon. Minister of Federal Capital Territory, Abuja and added MARCUS ALLU as the 2nd Defendant in the Suit.

Thus, his 2nd further amended statement of claim dated and filed on 28th April, 2014, the Plaintiff sought the following reliefs against the respondents jointly and severally:-

a) A DECLARATION that the plaintiff having satisfied the conditions for the sale of the property known as block 5 Flat 3, Sasha, Maitama Abuja by the …

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