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BREDERO NIGERIA LTD V SHYANTOR NIGERIA LIMITED & ORS

Legalpedia Citation: (2016) Legalpedia (CA) 38491

In the Court of Appeal

Fri Mar 11, 2016

Suit Number: CA/A/210/2010

CORAM


RABIU TANLAMI MUHAMMAD

BELLO, JUSTICE, SUPREME COURT


PARTIES


BREDERO NIGERIA LTD APPELLANTS


1. SHYANTOR NIGERIA LIMITED2. HON. MINISTER, FEDERAL CAPITAL TERRITORY3. FEDERAL CAPITAL DEVELOPMENT AUTHORITY RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant being dissatisfied with the decision of the High Court of the Federal Capital Territory, Abuja, lodged this appeal on grounds among others that the learned trial judge erred in law when he assumed jurisdiction to entertain the suit which as an abuse of the process of court because the subject matter is res judicata as a result of the final decision of the Federal High Court, Yenegoa and an appeal pending before the Court of Appeal in Port Harcourt.


HELD


Appeal Dismissed.


ISSUES


• Whether the trial court had jurisdiction to determine the suit. • Whether from the records of the court there is evidence of service the notice of revocation on the 1st Respondent. • Whether the evidence before the trial court was properly evaluated by the learned trial judge. • Whether the trial court was right in setting aside the revocation after holding that the 1st respondent was in breach of the terms of the certificate of occupancy. • Whether the order of perpetual injunction made by the trial court was proper.  • Whether the trial court was right in admitting in evidence Exhibit 3 which is the photocopy of the Certificate of Occupancy.?


RATIONES DECIDENDI


CASES CITED



STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT 

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