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O. E. ODUM v. U. K. UGANDEN & ORS.

(2009) JELR 47250 (CA)

Court of Appeal  •  CA/A/1/2004  •  9 Jan 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; OYEBISI FOLAYEMI OMOLEYE JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory in Suit No. FCT/HC/CV/47/2000, delivered by Hon. Justice M. B. D. Mensem (as he was then was) on the 28th October 2002, whereby the learned trial judge dismissed the reliefs sought by the Appellant.

The Appellant's claim as per further Amended Statement of claim was for:-

i. A declaration that he is the lawful allottee of Plot No.1277 MNDP Zone A6, Abuja;

ii. A declaration that the Respondents are trespassers on the said land

iii. A declaration that the buildings on the said piece of land belong to the Appellant, based on the principle of "quid quid plantatur, solo solo cedit"

iv. N1,000,000.00 (One Million naira, only) as damages for trespass against all the Respondents, jointly and severally.

The facts of the case as can be deduced from the pleadings and evidence adduced before the trial court was that, Plot No.1277 MNDP Zone A6, A…

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