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WAYMAKER PROPERTIES LTD (APPEALING THROUGH ITS LAWFUL ATTORNEY GYE-YE MACHE COMPANY LIMITED) V. ZAIYANU JANYAU (CARRYING ON BUSINESS UNDER THE NAME AND STYLE OF AZEJ GLOBAL SERVICES) & ORS.

(2021) JELR 109366 (CA)

Court of Appeal  •  CA/ABJ/CV/839/2020  •  7 May 2021  •  Nigeria

Coram
Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA Ebiowei Tobi, JCA

Appearances
Ayuba Abang For the Appellant; C. I. Nkpe For the Respondent.

Judgement

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice Bello Kawu of the High Court of the Federal Capital Territory, Abuja delivered on 20/5/2020 in suit no: FCT/HC/CV/3146/2017. The facts that culminated into this appeal is that the Appellant who was the Claimant at the lower Court commenced an action through its Lawful Attorney GYE-YE MACHE COMPANY LIMITED against all the Respondents who were Defendants at the lower Court for a declaration of title to a plot of land known to all the parties as Plot No.139 Cadastral zone B15 of sector centre ‘A’ situate in Abuja. The Attorney of the Appellant had a Power of Attorney in his favour to carry out various activities in relation to the land including instituting this action. The property in dispute is Plot No. 139 Cadastral zone B 15 sector Centre A, Abuja. The real matter here deals with double allocation made by the 3rd - 5th Respondents of the same land (hereinafter referred to as th…

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