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MICHAEL NWAKALOR v. BUKAR KALAMBE

(2014) JELR 34177 (CA)

Court of Appeal  •  CA/A/562/2012  •  30 Oct 2014  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; JOSEPH E. EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

JOSEPH E. EKANEM, J.C.A.(Delivering The Leading Judgment): In the amended statement of claim filed on 22nd March, 2010, at the High Court of the Federal Capital Territory, Abuja Judicial Division ("the Lower Court" for short) in suit No.FCT/HC/CV/347/2007, the appellant (qua; plaintiff) claimed as follows against the respondent (qua; defendant)

"(I) A declaration that he is the rightful owner of plot No.1334 Cadastrial Zone A7, Wuse District Abuja, Subject of Certificate of Occupancy No. FCT/ABJ/AN.3090.

(II) A declaration that the land and what is on it is his and should revert to him, under the principle of "quic quid plantatur solo solo cidi"

(III) Order that all rent previously collected by the trespasser be paid to him.

(IV) Order that all rent accruable to the House be paid into this Honourable Court pending the final determination of this suit

(V) The sum of N50,000,000.00 (Fifty Million Naira) only be paid to him as damages, for trespass".

After full trial and adoption of fina…

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