Judgment
ELFRIEDA OLUWAYMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment) : This appeal is against the judgment of the Enugu State High Court, Enugu, delivered by Hon. Justice C. O. Ajah on April 9th, 2019 wherein the Court found in favour of the Respondent (the Plaintiff at the Court below) and granted all the reliefs sought against the Appellant (the Defendant at the Court below).
Being dissatisfied with the decision of the Court, the Appellant has approached this Court with its Notice and Six (6) Grounds of Appeal as amended dated and filed July 15th, 2020 and deemed as properly filed and served on January 12th, 2022. At the Court below the following were the reliefs sought by the Respondent: “a. Declaration that the document executed between the Plaintiff and the Defendant over sub plot 479A, First Avenue Independence Layout Enugu and whatsoever grant, rights and interests thereby assigned or transferred by the Plaintiff to the Defendant is void. b.
DECLARATION that the grant made by the Plaintiff to the Defendant by virtue of the document executed between the Plaintiff and the Defendant over Plot was voided by the letter by the Plaintiff to the Defendant Dated 1/7/2013 voiding same. c.
DECLARATION that the Defendant is enjoined by law to observe all the town planning regulations of Enugu North Local Government and Enugu State Building Regulations over Plot 479A, First Avenue Independence Layout Enugu including not erecting any structure or building therein or on any part thereof except for residential purposes and not for hotel or industrial or commercial purposes. d.
DECLARATION that the redesign, construction, reconstruction and work done by the Defendant on Plot 479A, First Avenue Independence Layout Enugu, is not in conformity with the tenor of the Document executed between the Plaintiff and the Defendant over Plot 479A, First Avenue Independence Layout Enugu. e. DECLARATION that the Plaintiff is entitled to the forfeiture of Plot 479A, First Avenue Independence Layout Enugu, to the plaintiff by the defendant. f. AN ORDER of forfeiture of Plot 479A, First Avenue Independence Layout Enugu by the defendant to the plaintiff. Or alternatively g.
