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FRANK ERIBENNE V. MR. ALI SUNDAY UG & ANOR

(2007) JELR 33815 (CA)

Court of Appeal  •  CA/A/105/05  •  28 Nov 2007  •  Nigeria

Coram
HON. JUSTICE OLUFUNLOLA OYELOLA ADEKEYE JCA; HON. JUSTICE MARY PETER ODILI JCA; HON. JUSTICE ABDU ABOKI JCA;

Judgement

HON. JUSTICE OLUFUNLOLA OYELOLA ADEKEYE, J.C.A (Delivering the Lead Judgment): The claim of the plaintiff Mr. Ali Sunday Ugo before the High Court of the Federal Capital Territory reads as follows:-

(I) Declaration that the plaintiff is the owner or a person with sufficient interest and entitled to certificate of occupancy in that piece of land situate, lying and being at Angwar Magaji Pyape-Nyanya Abuja Municipal Area council measuring 30M X 30M (100 feet by 100 feet) fenced round within the portion of property demarcated by beacons AZ1, AZ2, AZ3 and AZ4 belonging to the 2nd defendant.

(II) The sum of N5, 000,000 (five million naira) as general damages against the 1st and 2nd defendants jointly and severally for trespass.

(III) An order of the Honourable court directing the 1st defendant to immediately remove the structure erected on the plaintiffs land without his consent, permission or authority.

(IV) Injunction restraining the defendants themselves, or agents, servants, privies as…

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