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REGISTERED TRUSTEES OF EFAB MALL ANNEXE STAKEHOLDERS ASSOCIATION V. EJUTO NIGERIA LIMITED & MBX ESTATE SERVICES LTD.

(2022) JELR 111332 (CA)

Court of Appeal  •  CA/ABJ/CV/186/2021  •  18 May 2022  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA ELFRIEDA O. WILLIAMS-DAWODU JCA DANLAMI Z. SENCHI JCA

Appearances
Mr. P.M. Ayam for the Appellant; Mr. Chibuzo Ezike for the 1st Respondent; 2nd Respondent unrepresented.

Judgement

ELFRIEDA O. WILLIAMS-DAWODU, JCA (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court, Federal Capital Territory, Abuja delivered by Hon. Justice A. S. Adepoju on November 11th 2020 in which all the claims but one of the pt Respondent, Claimant at the Court below, were granted against the Appellants, the Defendants at the Court below.

The 1st Respondent vide an Originating Summons dated August 14th 2018 sought the following reliefs against the Appellants:

1 "A declaration that no assignee, person or group of persons other than the claimant has power to appoint facility managers of Efab Mall or terminate such appointment by virtue of the provision of page 3 paragraph 5 Deed of Assignment executed between the claimant and the defendants and all other assignees of office space and shops (sic) Efab Mall.

2. A declaration that by virtue of page 3 paragraph 5 Deed of Assignment signed by all assignees, no assignee or any of the defendants has right to c…

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