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WILLIAM BALLANTYNE v. THE ATTORNEY-GENERAL, CROSS RIVER STATE & ORS

(2017) JELR 37332 (CA)

Court of Appeal  •  CA/C/94/2014  •  12 Jul 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Cross River State High Court in Suit No. HC/153/2013 delivered on the 27th day of September, 2013. The Appellant was the Claimant at the Lower Court while the Respondents were the Defendants.

The facts of this case are briefly as follows:

On or about 21st October, 2009, the 2nd Respondent published a notice of Revocation of the Customary Right of Occupancy in respect of a land lying and situate in Odukpani Local Government Area. The land is covered by Survey Plan No. JEJ/CR/1031.1 containing the area of 8.328 Hectares of land. The said notice of Revocation affected the Estate of the Appellant's father. Not happy about the development, the Appellant took out an originating summons claiming five (5) principal reliefs with one omnibus relief and for determination of two questions. The questions and the reliefs are worded as follows:

1. A declaration that the Claimant is entitled to a …

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