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CHIMELE OKEZIE V. ISHAYA ADIYHA ADIWU & 4 ORS

(2024) JELR 112275 (CA)

Court of Appeal  •  APPEAL NO. CA/ABJ/CV/133/2022  •  18 Apr 2024  •  Nigeria

Coram
ABBA BELLO MOHAMMED, JCA PETER CHUDI OBIORAH, JCA HADIZA RABI’U SHAGARI, JCA

Appearances
Valentine Offia, esq for the Appellant C. K . Agu Esq. for the 1st and 2nd Respondents

Judgement
<p style="text-align: justify"><strong>BELLO MOHAMMED, JCA (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of the High Court of the Federal Capital Territory (the trial court) delivered on 15th October, 2021 by Honourable Justice O. A. Adeniyi in Suit No. FCT/HC/CV/398/2018, wherein the trial court entered judgment in favour of the 1st Respondent and dismissed the counter claim of the Appellant.</p><p style="text-align: justify">Before the trial court, the 1st and 2nd Respondents, as claimants, instituted the suit leading to this appeal against the 3rd, 4th and 5th Respondents as well as the Appellant (as 1st, 2nd, 3rd and 4th Defendants), wherein they sought for the following reliefs as contained in paragraphs 18(i) – (viii) of their Amended Statement of Claim at pages 175 - 180 of the Record of Appeal:</p><p style="text-align: justify">i. A Declaration of Court that the Claimants are the bona fide Allotees of Plot 382, Cadastral Zone C02, Gwarimpa District, Abuja.</p><p style="text-align: justify">ii. A Declaration of Court that the Claimants, having commenced development on Plot 382, Cadastral Zon…</p>

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