SHUAIBU AUTA (SUBSTITUTED FOR YAKUBU TSOHON SARKI, DECEASED) V. JOSEPH OLANIYI
(2003) JELR 57276 (CA)
Court of Appeal
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CA/A/94/2000
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10 Apr 2003
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Nigeria
Coram
GEORGE ADESOLA OGUNTADE JCA (Presided) ZAINAB ADAMU BULKACHUWA JCA ALBERT GBADEBO ODUYEMI JCA (Read the Lead Judgment)
Appearances
Ikechukwu Ezechukwu, Esq. - for the Appellant.
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Yemi Fasanmi, Esq. - for the Respondent.
Judgement
<p><strong> ODUYEMI JCA (Delivering the Lead Judgment): </strong> The respondent in this court as plaintiff in the High Court of the Federal Capital Territory, Abuja caused a writ of summons to issue against the appellant in this court, as defendant in that court.</p><p>In an amended statement of claim filed subsequently, plaintiff claimed against the defendant as follows:- “1. A declaration that the plaintiff is entitled to exclusive possession of the four bedroom house known as house No. 188 located at Kukwaba Kubwa in the Federal Capital Territory, Abuja. A</p><p>A declaration that the plaintiff is the sole owner or occupier of the said house No. 188 located at Kukwaba - Kubwa to the exclusion of others.</p><p>An order of perpetual injunction restraining the defendant or his servants, agents, privies, personal representatives from interfering with plaintiff’s possessory rights and/or ownership of the said house No. 188 located at Kukwaba - Kubwa Abuja or plaintiff’s right to apply for Statutory Right of Occupancy over the…</p>