BRAWAL LINES LIMITED V. DEE-DAMOR DEVELOPMENT COMPANY LIMITED

IBRAHIM MUSA MOHAMMED SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is a fall-out of the ruling of the Delta State High Court, Asaba Judicial Division, delivered on May 2, 2012 in Suit No. W/181/2008. By the said ruling, the lower court coram T.C. Makwe, J.; dismissed the Appellant's motion on notice filed on January 20, 2012 on ground that it was totally misconceived.

BACKGROUND FACTS:

The facts and circumstances surrounding the instant appeal are gleanable from the record of appeal. It is evident from the record, that on 30/6/08, the Respondent filed the said suit in the lower court seeking some declaratory and injunctive reliefs against the Appellant. By the Amended Statement of Claim thereof, dated and filed on 26/6/09, the Respondent claimed the following reliefs against the Appellant:

i. A declaration that the deed of assignment executed on 13/2/1995 between the Plaintiff and the Defendant herein over an indeterminate portion of the Plaintiff's land cover…