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ONYADI DEVELOPMENT (NIG) LTD v. KUTA & ORS

(2021) JELR 109320 (CA)

Court of Appeal  •  CA/A/531/2014  •  17 Sep 2021  •  Nigeria

Coram
Ali Abubakar Babandi Gumel, JCA Mohammed Danjuma, JCA Yusuf Alhaji Bashir, JCA

Judgement

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory Abuja Coram: Valentine B. Ashi, J delivered on the 30th day of April, 2014 filed by the 3rd defendant at the trial Court who was not satisfied with the judgment wherein it was decided that the 1st Respondent is entitled to a declaration of title over Plot 792 Wuye, Cadastral Zone B03 Abuja. Meanwhile, the summary of the facts of the case leading to this appeal as can be gathered from the Plaintiff/1st Respondent amended statement of claim dated 11/10/2012 is that:

The 1st Respondent was allocated Plot No. 792 Cadestral zone Wuye, by the 2nd and 3rd Respondent sometimes in 2003 vide a statutory right of occupancy tendered as Exhibit 'A' the 1st Respondent caused his solicitors to conduct a search on the property and upon becoming convinced of its bona fide kept and continued paying all necessary fees including ground rent upon demand by th…

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