GAZI CONSTRUCTION CO. LTD V. BILL CONSTRUCTION NIG. LTD.
(2011) JELR 43673 (CA)
Court of Appeal
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CA/A/205/05
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19 Jan 2011
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Nigeria
Coram
MOHAMMED LAWAL GARBA JCA;
JIMI OLUKAYODE BADA JCA;
REGINA OBIAGELI NWODO JCA;
Appearances
EVEREST ANYANWU with him is N. E. NNANJI For Appellant
E. I. ESEME with him are LINUS AKWOJI and E. EMMANUEL For Respondent
Judgement
<p>JIMI OLUKAYODE BADA, J.C.A: (Delivering the leading : ): This is an appeal against the : of the High Court of the Federal Capital Territory, Abuja in Suit No.-FCT/HC/CV/219/90 delivered on the 18th day of October 2004.</p><p> The Respondent as Plaintiff by an action commenced at the lower Court claimed against the Appellant who was the 1st Defendant as follows:-</p><p> "(a) The sum of N5 Million from the Defendants, jointly and severally for trespass committed on its plot at No. 505M/SC/319 Cadastral A2, Wuse, Abuja.</p><p> (b) A Declaration that the property belongs to the Plaintiff pursuance to their purchase at the premises of the High Court of Justice, Wuse, Abuja on the 23rd day of July 1993.</p><p> (c) An Order to restrain the Defendants from further interfering and disturbing the Plaintiff's occupation of the said plot."</p><p> The Appellant who was the 1st Defendant at the lower Court disputed the Plaintiff/Respondent's Claim, counter-claimed against the Plaintiff who was identified as 1st Defendan…</p>