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MR. MATHEW O. ONOBA V. ABUJA BUILDING PRODUCTS LIMITED & ORS

(2014) JELR 39852 (CA)

Court of Appeal  •  CA/A/477/2010  •  14 Mar 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; ABUBAKAR DATTI YAHAYA JCA; JOSEPH TINE TUR JCA;

Appearances
I. O. Olorundere, SAN with A. T. Balogun (Miss), Esq.; O. Ogundipe, Esq. and I. C. Owando, Esq. For Appellant Awa U. Kalu, SAN with Ikoro N. A. Ikoro, Esq. and C. I. Obilike, Esq. for 1st Respondent For Respondent

Judgement

JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): The dispute between Mr. Matthew O. Onoba "Carrying on business under the name and style of Onoba Associates" and Abuja Building Products Limited (Suing by its lawful Attorney, Chukelad Limited) is Plot No.7921 Cadastral Zone B1, Gudu District Phase II, Abuja, covered by a Certificate of Occupancy No.FCT/ABU/MISC.7069 previously issued to Chukelad Limited by the Minister of the Federal Capital Development Authority, but subsequently revoked in favour of Mr. Matthew O. Onoba thereby disturbing Chukelad's possession, occupation, use and development of the plot. Irked by this development Chukelad Limited took out a writ of summons in the High Court of the Federal Capital Territory, Abuja before O.O. Goodluck, J., on 25th January, 2007. The writ was accompanied by a Statement of Claim and sworn depositions of Uduma Kalu the plaintiff's Attorney's Managing Director. These were dated 4th April, 2008; 8th April, 2008; 4th November, 2008 …

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