Judgment
DANLAMI ZAMA SENCHI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja in Suit No. FCT/HC/CV/1499/2014 delivered on the 17th day of December, 2020 by ABUBAKAR IDRIS KUTIGI, J.
The 1st and 2nd Respondents (as Claimants) at the Court below, by their Amended Joint Statement of Claim which was filed on the 14th day of October, 2014 pursuant to the order of the lower Court granted on the 8th day of October, 2014, claimed against the Appellant (as 1st Defendant) and the 3rd and 4th Respondents (as 2nd and 3rd Defendants) as follows: (a) Declaration that the 2nd plaintiff is the rightful Assignee and Beneficial Donor of Plot No. 70 measuring 2.117 M2 Cadastral Zone B08, Jahi District, Abuja Federal Capital Territory. (b) An order of perpetual injunction restraining the Defendants and their servants, agents or representatives from interfering with the plaintiff’s quiet possession and enjoyment of the said property. (c) The sum of N300,000,000.00 only as general damages. (d) The sum of N500,000.00 only as legal fee and expenses. (e) 10% of the judgment sum from the date of judgment until the entire amount is liquidated.
The Appellant filed his Amended Statement of Defence and counter-claimed against the Respondents as follows: (a) An Order of this Honourable Court dismissing in entirety, the Plaintiff’s claims as contained in the Further Amended Joint Statement of Claims. (b) A Declaration of this Honourable Court that the 3rd Defendant is the only valid, rightful and lawful Allotee of the Statutory Right of Occupancy over Plot No. 70 Cadastral Zone B08, Jahi District, Abuja, measuring 2, 117.12m2 with File No.
KN62553, the subject matter of this suit. (c) A Declaration of this Honourable Court that all the rights, interest, privileges, title and ownership vested on Plot No. 70 Cadastral Zone B08, Jahi District, Abuja, measuring 2,117.12m2 with File No.
KN62553, the subject of this suit, covered by a Statutory Right of Occupancy dated 25/02/14 are valid and subsisting. (d) An Order of this Honourable Court declaring as trespass the Plaintiffs and/or their agents(s) visit and/or continued to visit to Plot No. 70 Cadastral Zone B08, Jahi District, Abuja. (e) An Order of perpetual injunction restraining the Plaintiffs jointly and/or severally either by themselves, their agents, privies, assigns, administrators, successors-in-title, heirs however so described claiming through them from trespassing, alienating by way of gift, selling, mortgaging, or in any way transferring or laying claim of ownership of Plot No. 70 Cadastral Zone B08, Jahi District, Abuja. (f) The sum of One Million Naira Only (N1,000,000.00) as professional fees paid to Messrs Koneks Chambers, Counsel to the 3rd Defendant/Counter-Claimant for prosecuting this suit. (g) The sum of Seven Million Naira only (N7,000,000.00) as general and punitive damages. (See page 56-58 of the Supplementary Record of Appeal).
