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OMALE V. EZEM

(2022) JELR 110182 (CA)

Court of Appeal  •  CA/A/153/2020  •  5 Aug 2022  •  Nigeria

Coram
Stephen Jonah Adah Elfrieda Oluwayemisi Williams-Dawodul Biobele Abraham Georgewill

Appearances
Titilayo Precious Soje, Esq, with him, Jamil Abdullahi, Esq,For Appellant(s) O.E. Olelewe, Esq,For Respondent(s

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja, delivered on 10th February, 2020, in Suit No. FCT/CV/2321/2017. The Respondent as Claimant instituted this action at the trial Court and claimed against the Appellant as Defendant all the sundry reliefs as per the Amended Statement of Claim, thus:

1. A Declaration that the plaintiff is the legal, lawful and bonafide allottee and owner of all that piece or parcel of land with structure thereon lying and situate at plot No. A/101 auction Area Layout Bwari Area Council Abuja FCT., measuring about 761 square meters.

2. A Declaration that the Defendant is a complete stranger, intruder and trespasser unto the plaintiff's land.

3. A perpetual injunction restraining the Defendant, his servant, privies, agents, assigns and however described from continuing to trespass into the plaintiff's land and from laying any claims to the structure stand…

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