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CHIEF DENNIS C. AHIARAKWE & ORS v. MATTHEW EMERUEM & ORS

(2017) JELR 37848 (CA)

Court of Appeal  •  CA/OW/203/2012  •  7 Aug 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The Appellants were the Plaintiffs in Suit No. HME/39/2011 which they filed at the Etiti Division of the High Court of Imo State against the Respondents. The suit was founded on the Fundamental Rights (Enforcement Procedure) Rules 2009. In the application the Appellants sought the following reliefs: -

(a) A declaration that the arbitrary and forceful closure/harvesting of the palms of the Applicants in the years 2010 and 2011 by the Respondents is a violation of the applicants rights to acquire and own immovable property anywhere in Nigeria as guaranteed under Section 43 of the Constitution of the Federal Republic of Nigeria, 1999.

(b) A declaration that the Respondents acted ultra vires of the Constitution of Oru Ahiara Development Union (OADU) by closing palms outside the months provided by the OADU constitution.

(c) AN ORDER restraining the 2nd respondent from using the police, vigilante, local thugs or nay other force at …

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