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APIC NIGERIA LIMITED & ORS v. C.P.E. BASIC X NIG. LIMITED

(2016) JELR 40028 (CA)

Court of Appeal  •  CA/L/903/2012  •  13 Jul 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of IPAYE, J. of the Lagos State High Court delivered on 3rd October, 2012.

The suit in the lower Court was commenced by an Amended Writ of Summons and Amended Statement of Claim, wherein the Claimant claimed the following reliefs:

1. A declaration that the only valid Deed of Development lease between the Claimant and the 1st Defendant are the Deed of Development lease stamped on 15/7/98 and the Supplemental Deed dated 30/9/98.

2. A declaration that the undated Deed of Development lease granting the 1st Defendant a lease of 20 years and purportedly made between the Claimant and the 1st Defendant is a forgery.

3. A Declaration that any agreement between the 1st Defendant and the 2nd - 21st Defendants purporting to grant the 2nd 21st Defendants a tenure that is beyond 31st July, 2004 is null and void and of no effect whatsoever.

4. A Declaration that the 1st Defendant is not ent…

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