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FEDERAL CAPITAL DEVELOPMENT AUTHORITY & ANOR v. KUDA ENGINEERING AND CONSTRUCTION COMPANY LIMITED & ORS

(2014) JELR 36594 (CA)

Court of Appeal  •  CA/A/369/2012  •  20 Mar 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; ABUBAKAR DATTI YAHAYA JCA; JOSEPH TINE TUR JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice M. E. Anenih; sitting at the High Court, of the Federal Capital Territory (FCT) (the lower court) delivered on the 14th of May, 2012.

The Respondents herein, were the Plaintiffs at the lower court and they jointly took a writ of summons filed on the 17th of April 2009, claiming the underlisted reliefs:

1) A declaration that the revocation and demolition of the Plaintiff's properties measuring about 231.00 and 91.00 square meters located at Plots space Nos L5 N/C 517, L13 N/C 517 and L2 N/C 517 Wuse 1 District, Wuse Zone 4 along Ladi Kwali Way, Abuja, without the breach of the conditions of the grant, is unlawful, malicious and arbitrary.

2) An order directing the restoration of allocations, ownership and possession of the plots of land to the Plaintiffs.

3) The sum of N51,000,000.00 being damages for the 1st Plaintiff's property destroyed by the 1st and 2nd Defendants

4) The su…

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