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MRS. MARY E. AKWUAKA v. DR. AMBROSE A. LYAM & ORS

(2007) JELR 33838 (CA)

Court of Appeal  •  CA/J/74/2004  •  7 May 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; MUHAMMAD LADAN TSAMIYA JCA; UZO NDUKWE-ANYANWU JCA;

Judgement

NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): The plaintiff/appellant in this appeal had sued the defendant/respondent in the High Court of Benue State claiming the following reliefs:-

"(i) An order of perpetual injunction restraining the defendants, their agents, servants, privies, from in any way interfering with or prejudicing the rights of the plaintiff in Plot No. BNC 310.

(ii) An order compelling the 2nd-3rd defendants to issue to the plaintiff forthwith. Certificate of Occupancy in respect of Plot No. BNC 310.

(iii) Any other equitable or legal remedy that meets the justice of this case."

The facts of this case is briefly that. the plaintiff had requested for land for commercial purposes from the 2nd and 3rd defendants/respondents sometime in 1998. Plot No. ENC 310 was allocated to her as vacant land. The plaintiff accepted, paid fees in furtherance of the allocation and preparation of Certificate of Occupancy. The plaintiff/appellant infact went into the land and star…

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