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MRS. T.C. CHUKWUMA V. MR. BABAWALE IFELOYE

(2008) JELR 46719 (SC)

Supreme Court  •  SC.229/2002  •  12 Dec 2008  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC PIUS OLAYIWOLA ADEREMI JSC

Appearances
Mr. Dele Oye (Mr. Ajara Noah and Miss Abbas Shitta with him) For the Appellant; Respondent absent and not represented.

Judgement

G. A. OGUNTADE, J.S.C, (Delivering The Leading Judgment): The appellant was the plaintiff before the High court, Abuja and the respondent the defendant. The facts leading to the dispute out of which this appeal arose and the claims of the plaintiff/appellant are pleaded in paragraphs 3 to 8 of the appellant's amended statement of claim as follows:

"3. The plaintiff avers that sometimes in 1988 she applied for an allocation of land to the Federal Capital Development Authority and on May, 1989 she was granted Certificate of Occupancy in respect of a piece of land known as Plot 496 located ell Area A2 Wuse District Federal Capital Territory. Plaintiff leads the said Cer1ificate of Occupancy and shall rely on it at the trial.

4. On or about the month of February, 1993, the Defendant wrongfully entered the said land and has wrongfully taken possession of same by erecting a four bedrooms duplex and has thereby trespassed and in still (sic) trespassing thereon.

5. The plaintiff avers that s…

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