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CITEC INTERNATIONAL ESTATES LTD v. KOLAWOLE AKANBI YUSUF & ANOR

(2016) JELR 37051 (CA)

Court of Appeal  •  CA/A/630/2012  •  18 Mar 2016  •  Nigeria

Coram
ABDU ABOKI JCA; JOSEPH EYO EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment):? This is an appeal against the judgment of the High Court of the FCT, of the 25th September, 2012, sitting in Abuja, presided by Hon. Justice Salisu Garba.

The 1st respondent as plaintiff sought the following reliefs:

"1. An Order of perpetual Injunction restraining the defendants, their servants, agents and/or privies howsoever so described, from stopping, or interfering in any manner whatsoever, with the plaintiffs development, quiet enjoyment and peaceful possession of the res, consisting of Plot 2415 Cadastral Zone CO6 of Nbora Layout, Federal Capital Territory, Abuja.

2. The sum of N20,000,000.00 as damages for the loss incurred by the Plaintiff as a result of the Defendants action

3. General damages n the sum of N10,000,000.00

4. The cost of this suit including plaintiffs counsel fees."

The appellant filed a preliminary objection challenging the jurisdiction of the trial Court to entertain the action on the ground that…

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