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MOSES NWAFOR AJOKU V. ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE, RIVERS STATE P ERMANENT SECRETARY (LANDS DIVISION) GOVERNOR’S OFFICE, RIVERS STATE RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY MRS. CHARITY C. IHEJIRIKA

(2005) JELR 56905 (CA)

Court of Appeal  •  CA/PH/101/1996  •  9 Nov 2005  •  Nigeria

Coram
SAKAADEYEMI IBIYEYE JCA (Presided) JOHN AFOLABI FABIYI JCA PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment)

Appearances
Mr. N. E. Ofoegbu - for the Appellant . -*- Mr. R. N. Godwins, DPP, Ministry of Justice, Rivers State (with him, Mrs. I. Umoh, State Counsel) - for the 1st - 3rd Respondents . -*- Mr. G. N. Ben-Chioma - for the 4th Respondent . D

Judgement

ADEREMI JCA (Delivering the Lead Judgment): The appeal here is against the judgment ofthe HighCourt of Rivers State sittingat Port Harcourt delivered in suit No. PHC/575/87 on the 30th of May, 1994. Inhis statement of claim dated 10th May, 1988 filed on the 12th May, 1988, the plaintiff (hereinafter referred to as the appellant) had claimed the following reliefs against the defendants (hereinafter referred to as the respondents) jointly and severally thus: “(1) A declaration that the purported acquisition by Rivers State Government of the propertyknown and called No. 6 Ogbunike street, Rumuomasi, Obio, Port Harcourt a native land not published in the government official gazette was null and void and of no legal effect.

A declaration that the sale of the said property by the Director Committee on Government Properties (on behalf of theGovernment of Rivers State) to the 4th defendant is a nullity.

A declaration that the lease of the saidproperty No. 6 Ogbunike street, Obio, Port Harcour…

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