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ATTORNEY-GENERAL OF RIVERS STATE V GREGORY OBI UDE

(2006) JELR 47095 (SC)

Supreme Court  •  SC.423/2001  •  14 Jul 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is the second journey of the dispute concerning the land and property at No.2 Ekpeye (Umuoji) Street, Diobu, Port Harcourt, otherwise known as plot 1, Block 261, Wobo layout, Port Harcourt. The first journey is reported in the case of Ude v. Nwara (1993) 2 NWLR (Pt.278) 638. The dispute herein was commenced by the appellant herein as the plaintiff, the Attorney-General of Rivers State on behalf of the Rivers State Government claiming possessions, rents and mense profits against the defendants, the respondents herein, as the occupants of the property whose lease granted to the 1st defendant expired in 1971. The 1st defendant had earlier given the 2nd defendant power of attorney over the management of the property and the 2nd defendant put the 3rd to the 13th defendants as tenants occupying the building erected thereon. The respondents resisted the appellant's claims. Pleadings were filed and the 2nd defendant therein filed a cou…

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