Judgment
DANLAMI ZAMA SENCHI, 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/1743/2010 delivered on the 21st day of March, 2016 by Jude O. Okeke, J. (of blessed memory).
The 2nd and 3rd Respondents (as Plaintiffs at the lower Court) had pursuant to a Writ of Summons filed on 14th April, 2010 and an Amended Statement of Claim filed on 14th September, 2012 claimed against the Defendants (now Appellants) the following Reliefs: (1) A DECLARATION that the 1st Plaintiff is entitled to the Right of Occupancy No.
MISC 63050 over Plot Number MF 18, Cadastral Zone 05-07 known as Army Post Housing Services Scheme Kurudu Layout Abuja and measuring about 1.50 Hectares and which lies between Plot Numbers MF 18 and MF 19 respectively. (2) A DECLARATION that the 2nd Plaintiff is entitled to the Right of Occupancy No. MFCT/ZA/AMAC/APHS MF 19 and File No.
BN 45516 over that piece or parcel of land known as Plot Number MF 18, Cadastral Zone 05-07 known as Army Post Housing Services Scheme Kurudu Layout Abuja and measuring about 200 Hectares which is demarcated by property beacons numbers PB311, PB332, PB333 and PB334 respectively. (3) A DECLARATION that the acts of entry into Plots MF 18 and MF 19 respectively by the 2nd Defendant and members of the 1st Defendant and the purported assignment of the 1st and 2nd Plaintiffs’ said plots of land to persons which has informed their entering into same to carry out the clearing and construction work amount to trespass on the plots of land. (4) AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants, their agencies, assigns, servants or any other person by whatever name they are described from entering, trespassing or taking by force Plot Numbers MF 18 and 19 respectively which are situate, lying and being at the Army Post Housing Scheme, Kurudu Layout Abuja. (5) The sum of N30,000,000.00 (Thirty Million Naira) only, for each of the 1st and 2nd Plaintiffs as general damages against the Defendants jointly and severally for trespassing into the 1st and 2nd Plaintiffs’ Plots of land numbers MF 18 and MF 19 respectively and lying in the Army Post Housing Scheme, Kurudu Layout Abuja. (6) The Cost of this Action. The 1st Respondent, by its Amended Statement of Claim filed on 17th March, 2011 also claimed against the Appellants the following Reliefs: (1) A Declaration that she is entitled to the Right of Occupancy No.
