Judgment
STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the ruling and final decision of the High Court of the Federal Capital Territory, Abuja, delivered on 7th February, 2013 and 21st July, 2015, respectively, in Suit No: FCT/HC/CV/207/2010. This case was originated by the 1st Respondent who as a Plaintiff took out a Writ of Summons against the Appellant, 2nd and 3rd Respondents as Defendants at the lower Court. The Amended Writ of Summons was taken out on 22nd July, 2010 and sought the following reliefs in the Statement of claim, thus:- 1.
A Declaration that the plaintiff is the rightful allottee and owner of all that property known as plot No. 613 with Old file Number AB 302, New File Number AB 10328 of about 2,100 Square Metres with Cadastral Zone B11 of Kaura District, Abuja. 2. A Declaration that the plaintiff is entitled to peaceful possession and occupation of all that property known as plot No. 613 with Old File Number AB 302, New Number AB 10328 of about 2,100 Square Metres within Cadastral Zone B11 of Kaura District, Abuja 3.
A Declaration that the purported double allocation and or reallocation of plot No. 613 with Old File Number AB 302, New File Number AB 10328 of about 2,100 Square Metres within Cadastral Zone B11 of Kaura District. Abuja by the 1st Defendant to the 3rd Defendant is illegal, a breach of due process of law, null, void and of no effect. 4.
An Order of this Honorable Court, restraining perpetually the Defendants, their agencies, department, allies, agents, officers, workman and all those deriving or claiming through them from further interference, obstruction and disturbance of plaintiff’s rights over the property known as plot 613 with Old File Number AB 302, New File Number AB 10438 of Kaura District, Abuja. 5. Any Order or Orders as this Honourable Court may make in the circumstances.
The 1st and 2nd Defendants, now 2nd and 3rd Respondents denied the claim of the 1st Respondent vide a Joint Statement of Defence on the 29th March, 2011. The parties joined issues on the Writ and the matter proceeded to trial. The 1st Respondent testified on her behalf as PW1 and tendered several documents in evidence which were marked as Exhibits.
