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BERNADINE OCHIASUTO ENWEREM v. ALHAJI ABUBAKAR & ANOR

(2016) JELR 36987 (CA)

Court of Appeal  •  CA/A/351/2013  •  19 Apr 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment):?This is an appeal against the decision of Honorable Justice Husseini Yusuf, of the High Court of the Federal Capital Territory, Abuja, delivered on the 18th of February, 2013, dismissing suit number FCT/HC/CV/1596/09.

The plaintiff/appellant claimed against the respondents jointly and severally the following:

a. An Order declaring null and void any revocation by the 2nd Defendant of the property to Plaintiff.

b. An order declaring null and void any sale of the property made to anybody else including the 1st Defendant by the 2nd Defendant or anybody acting for the 2nd defendant.

c. A declaration of title of the property.

d. An Order of injunction restraining the 1st Defendant from carrying out any work on the property.

e. A perpetual injunction restraining the 1st Defendant whether by himself, agents privies and/or anybody claiming through from trespassing or continued trespass to the property.

f. And Order awarding in favour of pla…

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