MR. JAMES ABU OBE V. MR. PETER A. GOM (SUING BY HIS ATTORNEY, AMECHI EZE)

ODILI JCA (Delivering the Lead Judgment): The appellant being the defendant in the court below, High Court Abuja coram S. E. Aladetoyinbo was sued by the respondent being plaintiff who claimed as follows:- “(a) A declaration that he is the true and lawful owner of plot 339, Cadastral zone A4, Asokoro district,Abuja, as shown in the saidcertificate ofoccupancy.Adeclaration that the defendant’s said encroachment upon, and development of the plaintiff’s said property is trespassory, illegal and unconstitutional.

An order of perpetual injunction barring the defendant byhimself, privies, workmen, proxies or otherwise howsoever from trespassing upon the said plot 339.

An order commanding the defendant to remedy the trespass and damage to the plaintiff’s land.

N20 million general and exemplary damages.”

Facts briefly stated At pages 30 - 31 of the record of proceedings, it was gleaned that the plaintiff/respondent instituted by a writ of summons an action asking for the reliefs and declaration…