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DEANSHANGER PROJECT LIMITED V. MUSTAPHA MUSA KIDA & ORS

(2023) JELR 111404 (CA)

Court of Appeal  •  CA/A/143/2017  •  31 Mar 2023  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA UGOCHUKWU A. OGAKWU JCA ISA BATURE GAFAI JCA

Appearances
Okechukwu Ajunwa Esq., with S. I. Ogbmna Esq., and Mazidah Agbola Esq., for the Appellant; M.A. Adamu Esq., with Josiah Anas Ogbaje & M. Bukar Esq., for the 1st Respondent.

Judgement

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory Abuja delivered on the 15th day of December, 2016 in Suit NO: FCT/HC/CV/2228/14.

The facts of this case are straight forward. The 1st Respondent took out writ of summons of the trial court alleging that the appellant trespassed into his plot of the land plot No 487, Katampe District Cadastral Zone B07, Abuja with Certificate No 113aw -14C44-6a42r-e6b4u-10 and file No- BO 10290. The parties contested the claim and at the end of the trial, the trial court entered judgment for the 1st Respondent. Aggrieved by the judgment of the trial court, the appellant now filed this appeal on 19/12/2016.

The record of appeal was transmitted on 7/3/2017. The appellant filed his Brief of Argument settled by Okechukwu Ajunwa, Esq., on 15/11/2017 but deemed properly filed and served on 24/3/2022. The 1st Respondent was the only respondent who filed a brief. The b…

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