ALHAJI RAZAK ADENIYI AYILARA V. FEDERAL MINISTRY OF WORKS
(2013) JELR 35756 (CA)
Court of Appeal
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CA/J/70/2005
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28 Mar 2013
•
Nigeria
Coram
RAPHAEL CHIKWE AGBO JCA
JUMMAI HANNATU SANKEY JCA
IBRAHIM SHATA BDLIYA JCA
Appearances
Mr. M. T. Omatsola with Mrs. B. B. of Oludairo For the Appellant;
Mr. G. F. Zi, Assistant Director, Federal Ministry of Justice For the Respondent.
Judgement
<p><strong>JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): </strong>This is an Appeal against the Ruling of Soba, J. of the Federal High Court sitting in Jos delivered on 30th June, 2004. The Appellant herein, who was the Plaintiff at the trial Court, filed an action via an Originating Summons on the 12th April, 2002, for the determination of certain questions which shall be highlighted later in the body of this Judgment. If the questions are answered in the affirmative, the Appellant sought the following relief from the trial Court: </p><p> 1. An order of PERPETUAL INJUNCTION restraining the defendant whether by itself, its servants, workmen, agents, privies and/or representatives from ejecting or attempting to eject the Plaintiff or otherwise tamper with his legal right to title and peaceful possession of the premises at House Nos. 21 and 23, Ninth Avenue, Federal Low Cost Housing Estate, Miango Road, Jos."</p><p> To prove his claim, the Appellant deposed to a 23 paragraph affidavit to which he anneโฆ</p>