Hajiya Fatimoh Iyabo Yakubu V. Abass Umaru Ibrahim & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the High Justice, Court of Federal Capital Territory, Abuja delivered on the 7th day of July, 2011 in suit No. FCT/HC/CV/23/2006.

The appellant was the plaintiff at the lower Court. By a runner Amended statement of claim dated the 5th day of March, 2009 and filed on the 13th March, 2009, the plaintiff/appellant claims as follows:

a) The immediate revocation or cancellation of the advertorial for biding made on the 03/03/2006 and purported letter of offer dated 20th day of April, 2006 in respect of House No. 4 Daloa Street to one PATIENCE AKUH EJIGBO or any other letter of offer to any other person(s) by what so ever name except to the plaintiff,

b) A declaration that the plaintiff is the bona fide owner/occupier of House No. 4 by whatever description having paid the full amount of the value of the property.

c) A perpetual injunction of the Hon. Court restraining the Defendants, their agents, privies, assigns or other persons acting for, through or by them however constituted from interfering with the right of the

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plaintiff on and over the House No. 4 Daloa street Zone 1 Abuja duly purchased by the plaintiff.

The 1st ? 3rd respondents filed their Amended statement of defence on 29/07/2009.

The 4th respondent in her further Amended statement of defence and counter claim filed on 28/07/2009 claims against the plaintiff/appellant as follows:

i) A declaration that the 4th Defendant/Counter/Claimant is the bona fide purchaser of the property known as No. 4 Daloa Street Zone 1, Wuse Abuia,

ii) A declaration that the 4th Defendant/counter/Claimant is entitled to and or deemed to be entitled to the ownership of No. 4 Daloa Street, Zone 1, Wuse Abuja,

iii) An order directing the plaintiff/defendant to the counter claim to pay damages in the sum of N10,000,000.00k (Ten Million Naira) only to the 4th Defendant/Counter/ Claimant for unlawful and unwarranted Invasion and her forceful ejection from her premises when the Plaintiff/Defendant to counter claim knew that the 4th Defendant/Counter/Claimant was a bonafide purchaser for value and was in actual possession of the property known as No, 4 Daloa Street, Zone 1, Wuse Abuja.

iv) An order