Alhaji Hassan Yar’adua V. Mr. Solomon U. Maduka (2016)

LawGlobal-Hub Lead Judgment Report

JOSEPH EYO EKANEM, J.C.A.

At the High Court of the Federal Capital Territory, Abuja Judicial Division, holden at Abuja (“the trial Court” for short) the appellant (qua plaintiff) took out a writ of summons numbered Suit No.FCT/HC/CV/751/99 against the respondent and another person (qua defendants) and subsequently filed a statement of claim claiming the following reliefs:

“1, A Declaration that the Defendant trespassed on the property of the plaintiff lying and known as Plot 43 Lugbe 1 Layout- Abuja.

2. AN Order of perpetual injunction restraining the Defendants, their privies, agents and whoever claims through them from further acts of trespass.

3. The sum of N300,00:00 as special damages for the mischief done by the Defendants.

4. The sum of N10 Million as general damages for trespass.”

In response, the respondent and his co-defendant denied the claim and counter-claimed for;

“1. A declaration that the defendants are in lawful possession of the said land.

2. An order of perpetual injunction restraining the plaintiff, his agents, privies, or those acting

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for him from further trespassing on the said land.

3. N2 Million as general damages for the plaintiffs act of trespass on the said land.”

After hearing of evidence and taking addresses of counsel, the trial Court dismissed the case of the appellant, granted the appellant (as 2nd defendant) reliefs No. 1 and 2 of the counter claim but refused relief No. 3 of the counter-claim. The Court struck out the name of the 1st defendant from the Suit for misjoinder.

Aggrieved by the decision of the trial Court, the appellant has appealed to this Court by way of a notice of appeal containing three grounds of appeal, which was filed on 22/2/2001.