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THE MINISTER, FEDERAL CAPITAL TERRITORY THE FEDERAL CAPITAL DEVELOPMENT AUTHORITY THE DIRECTOR, DEV. CONTROL DEPT. FCDA AMINA OTHMAN HASSAN IMAM V. ADAM KAZIR

(2013) JELR 53796 (CA)

Court of Appeal  •  CA/A/271/2008  •  20 Sep 2013  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA (Presided) MOORE A. A. ADUMEIN JCA TINUADE AKOMOLAFE-WILSON JCA (Read the Lead Judgment)

Judgement

AKOMOLAFE-WILSON JCA (Delivering the Lead Judgment):

This is an appeal against the ruling of Hon. Justice M. M. Dado of AbujaHigh Court, delivered on 29 April 2008, granting the respondent’s motion on notice for interlocutory injunction against the defendants, (now appellants) dated on 18 October 2007 and filed on 22 October 2007, which motion was never moved nor heard before the court granted same. The ruling is at pages 324-335 of the record of appeal.

The facts of this case shows that the respondent, as plaintiff, instituted the substantive suit No. FHC/HC/CV/288/06 in the High Court of Justice,

Abuja in December, 2006, by a writ of summons dated and filed on 12 December 2006, seeking for the following reliefs; initially against the 1st, 2nd and 3rd appellants as defendants: A

“(i) A declaration that the plaintiff is the bona fide owner of the piece or parcel of land situate, lying and being at plot 324, zone B05, Utako, Abuja which is more particularly described and delineated on su…

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