MR. SOLOMON YACHAM DIKEOCHA [SUBSTITUTED FOR HARRISON DIKEOCHA (DECEASED) V. ALEXANDER O. ONWUCHEKWA, FEDERAL CAPITAL DEVELOPMENT AUTHORITY & THE HONOURABLE MINISTER, FCT
(2024) JELR 112277 (CA)
Court of Appeal
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APPEAL NO. CA/A/311/2018
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27 Mar 2024
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Nigeria
Coram
JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA
ABBA BELLO MOHAMMED, JCA
PETER CHUDI OBIORAH, JCA
Appearances
S. A. Mustapha Esq, with H. I. Achija, Esq, A. A. Bakare, Esq. for the Appellant.
N. S. Uthman, Esq. with Haruna Ibrahim, Esq., H. U. Dilibe, Esq. for the 1st Respondent.
Olalekan Oladapo, Esq. for the 2nd and 3rd Respondents.
Judgement
<p style="text-align: justify"><strong><u>ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgment): </u></strong>This is an appeal against the final judgment of the High Court of the Federal Capital Territory, Abuja (the trial court), delivered by Hon. Justice I. U. Bello, on the 6th of March, 2015, wherein the 3rd Defendant, Harrison Dikeocha (now deceased) was ordered to vacate and handover possession of 2 Bedroom Flat known as Block C, Flat 2, Ministry of Health Quarters, Phase 4, Kubwa, Abuja, to allow the Plaintiff, Alexander Onwuchekwa, who is the 1st Respondent herein, to purchase same as the rightful allotee. The judgment of the trial court is at pages 339 – 346 of the Record of Appeal. </p><p style="text-align: justify">Dissatisfied with the judgment, the Appellant brought this appeal vide Notice of Appeal filed on 16th April, 2015 which is at pages 347 – 352 of the Record of Appeal. The Record of Appeal was transmitted on 9th April, 2018 and deemed properly transmitted on the 23rd of November, 2020.</p><p style="text-align: justify">At the trial court, the 1st Respondent, as Plaintiff had sued t…</p>