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EL SALEM NIGERIA LIMITED V. MICHAEL ODEH & ANOR

(2018) JELR 34449 (CA)

Court of Appeal  •  CA/A/385/2015  •  6 Mar 2018  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA PETER OLABISI IGE JCA TANI YUSUF HASSAN JCA

Appearances
Mrs. B. O. Akinseye-George with him, Chiamaka Anyaba, Vincent Adodo For the Appellant. D. O. Ademoke for the 1st Respondent. S. Edward with him, E. Enezuo for the 2nd Respondent.

Judgement

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal Capital Territory High Court, Abuja delivered on the 12th day of March, 2015 in Suit No. FCT/HC/CV/1715/13, by Hon. Justice A. O. Otaluka.

The 1st respondent as plaintiff at the lower Court instituted an action against the appellant and 2nd respondent (as defendants therein) claiming from the defendants jointly and severally as follows:

A) An order that the defendants immediately hand over possession of the fully completed Three-bedroom detached Bungalow specifically known as Plot 19, Road D, located at the cooperative City Gardens at Pyakasa (Lugbe) Airport Road Abuja FCT and all the appurtenance thereto.

B) Specific Damages of a sum of NGN2,200,000 (Two million, two hundred thousand naira) only, being rent paid by the plaintiff for an alternative residence and solicitor's fees arising from the defendants' breach of contract.

C) General Damages of the sum N1,000,000.00k (One mi…

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