Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment) : This is an appeal against that part of the judgment of the High Court of the Federal Capital Territory, Abuja, Coram: H. B. Yusuf J, in Suit No. FCT/HC/CV/776/2012: Ann J. Solomon V. Dr. (Mrs.) Grace Martins & Ors delivered on 18/9/2019, granting the claims of the 1st Respondent as Claimant against the Appellant as 1st Defendant were granted against the Appellant. The Notice of Appeal was filed on 14/10/2019 on eight grounds of appeal. See pages 452-458 of the Record of Appeal.
The Record of Appeal was compiled and transmitted to this Court on 6/12/2019. The Additional Record of Appeal was compiled and transmitted to this Court on 11/6/2020. The 1st Respondent’s Notice of Preliminary objection was filed on 28/10/2020. The Parties filed and exchange their briefs, which were adopted as their arguments at the hearing of … By a Writ of Summons filed on 9/11/2012 before the lower Court, the 1st Respondent as Claimant claimed against Appellant and 2nd-4th Respondents as Defendants for the following reliefs, to wit: 1.
A Declaration that the Plaintiff is the beneficial owner of the 4 – bedroom terrace house known as Flat 4 Block B14 located at Zone 1, Chess Street, Games Village, Kaura-District, Abuja, having purchased same for value from the 2nd-4th Defendants. 2. A Declaration that the occupation by the 1st Defendant of the said 4 – bedroom terrace house known as Flat 4 Block B14 located at Zone 1, Chess Street, Games Village, Kaura-District, Abuja without the consent and authority of the Plaintiff is tantamount to trespass. 3.
An Order ejecting or directing the 1st Defendant to vacate the said 4 – Bedroom terrace house, known as Flat 4, B14 located at Zone 1, Chess Street, Games Village, Abuja. 4. The sum of N10,500,000.00 only being cost of rent denied the Plaintiff by the 1st Defendant since 2009 till date. 5. The sum of N3,500,000.00 only being the value of rent from 2012 till the determination of this suit. 6. The sum of N500,000,000.00 as General Damages against the defendants. See pages 1-44 of the Record of Appeal.
BRIEF STATEMENT OF FACTS The case of the 1st Respondent as Claimant before the lower Court, as can be seen from the pleadings and evidence, both oral and documentary, led as in the Record of Appeal, inter alia was that the 1st Respondent purchased the property known as Flat 4, Block B14 comprising of 4 Bedroom Terrace House located at Zone 1, Chess Street Games Village, Abuja at the sum of N45,000,000.00 from the 2nd-4th Respondents.
