SAMPLE WRIT / PLAINT AGAINST TENANT REFUSING TO DELIVER UP POSSESSION

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT GWAGWALADA

SUIT NO.: FCT/HC/CV/3279/2026

BETWEEN:

MRS. FLORENCE NWACHUKWU EZE

……………………………………………………………… PLAINTIFF

AND

MR. IBRAHIM SANI BELLO

……………………………………………………………… DEFENDANT

PLAINT / CLAIM FOR RECOVERY OF POSSESSION

1. The Plaintiff is the lawful owner and/or person entitled to possession of the Three-Bedroom Residential Apartment situated at No. 27 Zaria Crescent, Gwarinpa, Abuja, Federal Capital Territory (hereinafter referred to as “the Premises”).
2. The Defendant is a tenant who entered into possession of the Premises pursuant to a tenancy agreement made between the Plaintiff and the Defendant.
3. The tenancy commenced on 15 January 2026 for a term of one year at an annual rent of ₦3,150,000.00 (Three Million, One Hundred and Fifty Thousand Naira).
4. The tenancy was duly determined in accordance with the terms of the tenancy agreement and the applicable law.
5. The Plaintiff caused the requisite Notice to Quit to be served upon the Defendant on 18 September 2026, requiring the Defendant to deliver up possession of the Premises upon the expiration of the applicable notice period.
6. Upon the expiration of the tenancy and/or the applicable notice period, the Defendant remained in occupation of the Premises and failed, refused and/or neglected to deliver vacant possession to the Plaintiff.
7. The Plaintiff thereafter served upon the Defendant a written Notice of Owner’s Intention to Recover Possession dated 9 December 2026, notifying the Defendant of the Plaintiff’s intention to commence proceedings for recovery of possession of the Premises.
8. The said notice was duly served upon the Defendant at the Premises.
9. Notwithstanding the expiration and/or determination of the tenancy and the service of the requisite notices, the Defendant has continued to occupy the Premises without the Plaintiff’s consent.
10. The Defendant’s continued occupation has deprived the Plaintiff of the use, possession and enjoyment of the Premises.
11. The Defendant is liable to pay mesne profits for the period during which he has continued to retain possession of the Premises after the determination of the tenancy.
12. The Plaintiff shall rely at trial upon the tenancy agreement, notices, evidence of service, rent receipts, correspondence between the parties and other relevant documents.

WHEREOF THE PLAINTIFF CLAIMS AGAINST THE DEFENDANT AS FOLLOWS:

A. An order for recovery of vacant possession of the Three-Bedroom Residential Apartment situated at No. 27 Zaria Crescent, Gwarinpa, Abuja, Federal Capital Territory.

B. The sum of ₦525,000.00 (Five Hundred and Twenty-Five Thousand Naira) being outstanding rent and other lawful sums due and payable by the Defendant to the Plaintiff.

C. Mesne profits at the rate of ₦262,500.00 (Two Hundred and Sixty-Two Thousand, Five Hundred Naira) per month from the date the Defendant became liable to deliver possession until vacant possession is delivered to the Plaintiff.

D. The sum of ₦2,000,000.00 (Two Million Naira) as general damages for the Defendant’s wrongful withholding of possession.

E. The cost of this action.

F. Such further or other order(s) as this Honourable Court may deem fit to make in the circumstances.

DATED THIS 19TH DAY OF DECEMBER 2026.

ADEBISI TAIWO FEMI, ESQ.

PLAINTIFF’S COUNSEL

LAWYERSVIEW

No. 14 Kachia Road,

Asokoro, Abuja, FCT.

thelawyersview@gmail.com 

08141243331

FOR SERVICE ON THE DEFENDANT:

MR. IBRAHIM SANI BELLO

No. 27 Zaria Crescent,

Gwarinpa, Abuja,

Federal Capital Territory.

LAWYERSVIEW DISCLAIMER

DISCLAIMER: This document is published by LAWYERSVIEW for general educational and informational purposes only. It is a fictional sample and does not constitute legal advice or a substitute for professional legal advice.

All names, addresses, dates, amounts, suit numbers, parties, counsel details and other particulars contained in this sample are entirely fictional and have been created solely for illustration.

Actual recovery-of-possession proceedings must be prepared based on the facts of the particular tenancy and the applicable laws, tenancy legislation, court rules, jurisdictional requirements and prescribed notices.

This sample should not be filed in court or relied upon as a complete court process without appropriate review and adaptation by a qualified legal practitioner.

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