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NEXT INTERNATIONAL LIMITED V. JIMOH OBATOYINBO

(2013) JELR 51500 (CA)

Court of Appeal  •  CA/A/77/2011  •  28 Mar 2013  •  Nigeria

Coram
AMIRU SANUSI JCA (Presided) ABUBAKAR DATTI YAHAYA JCA MOORE A. A. ADUMEIN JCA (Read the Lead Judgment)

Appearances
Soji Olowolafe, Esq. (with him, Ismail Erinosho, Esq., Lukman Alawaye, Esq., Olajide Owonja, Esq.) - for the Appellant. -*- Waheed Gbadamasi, Esq. - for the Respondent.

Judgement
<p><strong> ADUMEIN JCA (Delivering the Lead Judgment): </strong> This appeal is against the decision of the High Court of Federal Capital Territory, Abuja in suit No. FCT/HC/CV/838/09 delivered by Jude O. Okeke, J. on the 17 day of September 2010 whereby the claim of the appellant as plaintiff in thelower court was dismissed with N10,000.00 costs in favour of the respondent who was the defendant. There were initially 3 (three) defendants to the action by the appellant but it discontinued against Jamillavile Limited and Gyano International Limited which were the 2nd and 3rd defendants.</p><p>Pleadings were filed and exchanged between the parties. In the appellant’s further amended statement of claim, spanning pages 135 - 138 of the record, the appellants sought the following relief:</p><p>Adeclaration that the demolition of the plaintiff’s development and destruction of her generator by defendants is an act of trespass and hence, illegal, unlawful and wrongful.</p><p>The sum of N14,362,090.05 (fourteen million, three hundred…</p>

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