ADEREMI, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the court below (Court of Appeal sitting in Abuja) delivered on the 12th of April, 2002 allowing the respondent's appeal, setting aside the judgment of the trial court delivered on the 24th March 2000 and in its place, entered an order dismissing the plaintiff/appellant's claim in toto.
I shall preface the consideration of this appeal with the relevant facts leading to same. The plaintiff (hereinafter referred to as the appellant) and the defendant (hereinafter referred to as the respondent) got married sometime in 1976 and cohabited as husband and wife. They had four children. They ceased to live together as husband and wife from November 1993. By a Land Application Form dated 15th May, 1990, Ref. No. MFCT/LA/90/AN/2685, the Ministry of Federal Capital Territory, Land Administration Department, acting on the instruction of the Honourable Minister acknowledged the receipt of the application form…