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GAZI CONSTRUCTION CO. LTD V. BILL CONSTRUCTION NIG. LTD.

(2011) JELR 43673 (CA)

Court of Appeal  •  CA/A/205/05  •  19 Jan 2011  •  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> &quot;(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&#x27;s occupation of the said plot.&quot;</p><p> The Appellant who was the 1st Defendant at the lower Court disputed the Plaintiff/Respondent&#x27;s Claim, counter-claimed against the Plaintiff who was identified as 1st Defendan…</p>

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