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EMEKA NWANA V. FEDERAL CAPITAL DEVELOPMENT AUTHORITY & ORS.

(2004) JELR 45041 (SC)

Supreme Court  •  SC.169/1999  •  2 Jul 2004  •  Nigeria

Coram
UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): The appellant was a Principal Technical Officer with the 1st respondent. He was allocated a 2 bedroom flat at Area 2, section 1, Block 41, flat 2, Garki, Abuja. On 11th April, 1989 his appointment was terminated. Following the termination, the 1st respondent and other persons acting on its behalf as agents and servants entered the house and took possession of same. The appellant was thereby deprived of the use and enjoyment of the premises. He claimed that his properties were damaged in the process.

He filed an action at the High Court of Justice, Federal Capital Territory. He claimed for N250,000.00 exemplary damages. Parties gave evidence at the trial. The learned trial Judge gave judgment in favour of the appellant. He awarded him NI20,268.00 special damages for trespass committed on the premises and goods.

Dissatisfied, the respondents appealed to the Court of Appeal as appellants. That court overturned the decision of the learned …

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