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CaseLaw

FCDA V. Nwanna (1998) CLR 3(h) (CA)

Brief

  • Grounds of appeal
  • Licence to land
  • Leasehold
  • Delivery of judgement
  • Possession
  • Landlord and tenant

Facts

In the High Court the Federal Capital Territory holden at Abuja the plaintiff caused a writ of summons to be issued in the following terms:-

  • 1.
    The plaintiff was a Principal Technical Officer with the first defendant up till 11th day of April, 1989 when his employment was purportedly terminated.
  • 2.
    Pursuant to the plaintiff’s employment with the first defendant he was allocated a house at Area 2 section 1 Block 41 Flat 2 Garki Abuja
  • 3.
    On or about the 21st day of September, 1989, the first defendant and his agent or anybody acting on his behalf was restrained form ejecting the plaintiff from the said house at Area 2 section 1 Block 41 flat 2 Garki Abuja by the High Court of Justice Abuja.
  • 4.
    On or about the 21st day of November, 1989, the 3rd to 7th defendants acting as agent and servants of the 1st defendants wrongfully entered the said house at Area 2 section 1 Block 41 flat 2 and has wrongfully taken possession of same, and has thereby trespassed and is still trespassing thereon.
  • 5.
    By reason of the matters aforesaid, the plaintiff was deprived of the use and enjoyment of the said premises, his properties (sic) were damaged and removed to an unknown destination, and has thereby suffered loss and damage.

Whereof the plaintiff claim N250,000.00 exemplary damages for trespass to the premises and his goods.”

The application for the writ of summons is dated 18th day of January, 1990 whereas the plaintiff alleged in the particulars supplied in his writ of summons that the defendant was restrained from ejecting the plaintiff, he was ominously silent over the circumstance the order was granted. There is no record or evidence in respect of the suit the order was granted.

Be that as it may, pleadings were ordered, filed and exchanged, at statement of claim and amended statement of defence. The parties led evidence, while the plaintiff called seven witnesses the defendant called only four. Both counsel addressed the court on their clients’ respective case before the learned Judge adjourned for judgment. In a reserved judgment Kusheriki, J., found for the plaintiff and awarded him N120,268.00 as special and general damages for trespass committed on his premises and goods.

The defendants were not happy with the decision of the trial court. Being dissatisfied and aggrieved it appealed

Issues

  • 1
    Whether judgment was properly entered for the plaintiff in the face of...
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