Bernadine Ochiasuto Enwerem V. Alhaji Abubakar & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Honorable Justice Husseini Yusuf, of the High Court of the Federal Capital Territory, Abuja, delivered on the 18th of February, 2013, dismissing suit number FCT/HC/CV/1596/09.

The plaintiff/appellant claimed against the respondents jointly and severally the following:

a. An Order declaring null and void any revocation by the 2nd Defendant of the property to Plaintiff.

b. An order declaring null and void any sale of the property made to anybody else including the 1st Defendant by the 2nd Defendant or anybody acting for the 2nd defendant.

c. A declaration of title of the property.

d. An Order of injunction restraining the 1st Defendant from carrying out any work on the property.

e. A perpetual injunction restraining the 1st Defendant whether by himself, agents privies and/or anybody claiming through from trespassing or continued trespass to the property.

f. And Order awarding in favour of plaintiff N5,000,000.00 (Five Million Naira) as general and aggravated damages against the defendants

jointly and severally from psychological trauma suffered by the Plaintiff.

g. An Order awarding N500,000.00 (Five Hundred Thousand Naira) as special damages being the cost of this suit.

The appellant appealed to this Court by a notice of appeal dated the 23rd of April, 2013, but filed on the 25th of April, 2013 on four grounds as follows:

GROUND ONE:

The High Court of the Federal Capital Territory erred in law and thereby occasioned a miscarriage of justice when it wrongly rejected Exhibit ‘P2′ as follows: