Gazi Construction Co. Ltd V. Bill Construction Nig. Ltd. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A: (Delivering the leading Judgment)

This is an appeal against the Judgment of the High Court of the Federal Capital Territory, Abuja in Suit No.-FCT/HC/CV/219/90 delivered on the 18th day of October 2004.

The Respondent as Plaintiff by an action commenced at the lower Court claimed against the Appellant who was the 1st Defendant as follows:-

“(a) The sum of N5 Million from the Defendants, jointly and severally for trespass committed on its plot at No. 505M/SC/319 Cadastral A2, Wuse, Abuja.

(b) A Declaration that the property belongs to the Plaintiff pursuance to their purchase at the premises of the High Court of Justice, Wuse, Abuja on the 23rd day of July 1993.

(c) An Order to restrain the Defendants from further interfering and disturbing the Plaintiff’s occupation of the said plot.”

The Appellant who was the 1st Defendant at the lower Court disputed the Plaintiff/Respondent’s Claim, counter-claimed against the Plaintiff who was identified as 1st Defendant in the Counter-claim, Mark Eze Ikoroba as 2nd Defendant and Chief Dairo Amupitan as 3rd Defendant. The counter claim are set out as follows:-

“(a) The sum of N300,000.00 being the cost of the material aggregates removed from site, and the cost of replacement of the concrete fencing pillars and wire mesh dug up and removed from site after excavation of the fence line.

(b) General Damages of N5 Million (Naira) for trespass to the land and property of the Plaintiff jointly and severally against the Defendants herein.

(c) In the alternative the Defendants seek for an order of this honourable Court rescinding and setting aside the so called auction sale by the second Defendant/Judgment creditor Mark Eze and his Counsel Chief Dairo Amupitan the 3rd Defendant as the same was purportedly carried out illegally without any order of Court.” (See pages 86-87 of the record of proceedings).

At the conclusion of hearing Judgment was entered in favour of the Respondent who was the Plaintiff at the lower Court.

The counter claim was found to be unmeritorious and it was dismissed.

The 1st Defendant now Appellant dissatisfied with the said Judgment now appealed to this Court.

The Appellant in its Amended Notice of Appeal filed 9 grounds of appeal. The said Amended Notice of Appeal filed on 28/4/06 was deemed properly filed on 12/9/06.