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CHIEF P.O. ANATOGU & ORS V. THE HON. ATTORNEY-GENERAL OF THE EAST-CENTRAL STATE OF NIGERIA & ORS

(1976) JELR 45226 (SC)

Supreme Court  •  SC.316/1975  •  26 Nov 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC AYO G. IRIKEFE JSC CHARLES O. MADARIKAN JSC

Judgement

MADARIKAN, J.S.C (Delivering the Leading Judgment): In Suit No. O/101/74, the twelve persons whose names were shown on the particulars of claim as plaintiffs took out a writ of summons against the Attorney-General of the former East-Central State. The claim was for:-

"1. A Declaration of Title to that piece or parcel of land on which is situate the OTU-NKWOR-EZE-ONITSHA otherwise known as THE ONITSHA MAIN MARKET, ONITSHA in this Judicial Division.

2. Possession of the said piece of land.

3. A declaration that the Deed of Lease between the Government of Eastern Region of Nigeria and the Onitsha Urban County Council which was registered as No.58 at page 58 in Volume 163 in the Lands Registry at Enugu is void and of no effect.

4. An Order of Injunction to restrain the defendant, his servants, and agents from interfering with the management and /or control of the said Onitsha Main Market, Onitsha."

The action was instituted by them in a representative capacity, namely, "for themselves and…

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