judy.legal
Login Register
Case Citing Cases (1)
📄 PDF
×

Share

Share this document:

Tap the link above to select, then copy.

HON. MINISTER OF THE FEDERAL CAPITAL TERRITORY & ORS V. KOHATH PROPERTY DEVELOPMENT LIMITED

(2023) JELR 110394 (CA)

Court of Appeal  •  CA/ABJ/CV/96/2021(R)  •  9 Mar 2023  •  Nigeria

Coram
Hamma Akawu Barka Ugochukwu Anthony Ogakwu Bature Isah Gafai

Appearances
Francis Oronsaye, Esq. with him, Hassan Sherif, Esq. and Ms. Precious Ivuoma Onyema for the Appellants; R. A. Lawal-Rabana, Esq. SAN, Kehinde Ogunwumiju, Esq. SAN, Tunde Afe Babalola, Esq. SAN, with, Sunday Onubi, Esq. and Ms. C. A. Azubogu for the Respondents.

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Ruling): By an application filed on 11th October, 2022, the Appellants/Applicants pray the Court for the following orders: 

“1. AN ORDER granting leave to the Appellants/Applicants to raise and argue a fresh issue which was not canvassed at the trial Court, to wit;

i. Estoppel per rem judicata with respect to the claims of the Respondents in Suit No: FCT/HC/BW/CV/144/2020 already decided in Suit No: FCT/HC/1952/016 (Hon. Minister, Federal Capital Territory and Ors v. Kohath Property Dev. Ltd and Ors) on 19th May, 2020 coram Kutigi; 

ii. Privity of contract. 

2. AN ORDER granting leave to the Appellants/Applicants to adduce fresh evidence which was not presented at the trial Court to wit;

a. the judgment of the High Court of the Federal Capital Territory in Suit No: FCT/HC/1952/016 (Hon. Minister, Federal Capital Territory and Ors v. Kohath Property Dev. Ltd and Ors) on 19th May, 2020 coram Kutigi, J; 

b. The statement of defence and …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login