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HAJIA AISHA BUHARI & ORS v. HADDY SMART NIGERIA LTD & ANOR

(2009) JELR 42125 (CA)

Court of Appeal  •  CA/A/116/M/08  •  9 Apr 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; JIMI OLUKAYODE BADA JCA; AYOBODE O. LOKULO-SODIPE JCA;

Judgement

AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The Respondents in the instant appeal were the Plaintiffs in the action which they initiated against the Appellants (Defendants) at the High Court of the Federal Capital Territory, Abuja. The claims of the Respondents as endorsed on the Writ of Summons read: "The Plaintiffs claim against the Defendants jointly and severally as per the Statement of Claim", Paragraph 38 of the Statement of Claim wherein the claims of the Respondents are set out reads: -

"Whereof the plaintiffs claim against the Defendants jointly and severally the following reliefs:

(1) An order giving vacant possession of wing A of the first floor and wings A and B of the 2nd floor of the property known as Prime Plaza and situated at plot 1012 Ademola Adetokumbo Crescent, Wuse II, which the 1st Defendant holds of him and occupied by the 2nd and 3rd Defendants to the Plaintiffs.

(2) The sum of N5,335,155.00 being the balance of the arrears of rent and …

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