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AUGUSTINE DUNG V. RAILWAY PROPERTY MANAGEMENT COMPANY LIMITED

(2018) JELR 38375 (CA)

Court of Appeal  •  CA/J/65/2014  •  14 Jun 2018  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Plateau State sitting in its original Jurisdiction at Bukuru, Jos Judicial Division delivered on 25th November, 2011 in SUIT NO: PLD/J101/2006 by P. L. LOT, J. wherein the learned trial Judge entered judgment for the Respondent who was the Defendant.

On 22nd May, 2006 and 16th February, 2007 respectively the Plaintiff sought and obtained the leave of the trial Court to sue in a representative capacity and to amend the name of the Defendant from RAILWAY PROPERTY COMPANY to RAILWAY PROPERTY MANAGEMENT COMPANY LTD; also to amend the Writ of Summons and the Statement of Claim wherein the Appellant claimed:

1. A declaration that the Plaintiff is the owner of Customary Right of Occupancy over all the entire land situate and lying immediately behind the B Division of the Nigeria Police Force Bukuru.

2. A perpetual injunction restraining the Defendant, its privies or agents…

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