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BORNO STATE URBAN PLANNING AND DEVELOPMENT BOARD, MINISTRY OF LAND AND SURVEY, BORNO STATE & ANOR V. BAMS INVESTMENT NIGERIA LIMITED

(2017) JELR 47044 (CA)

Court of Appeal  •  CA/J/116/2014  •  17 Feb 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of the Borno State High Court in Suit No BOHC/MG/CY/104/10 delivered by Honorable Justice Yaro Gambo on the 14th of December, 2013. The Respondent commenced the action in the lower Court against the Appellants and his claims were for:

i. A declaration that the defendants jointly and severally do not have the authority and power to suspend the Plaintiff's work on its petrol filling station.

ii. A declaration that the suspension of the Plaintiff's work by the defendants jointly and severally is illegal, null and void and ultra vires the defendants.

iii. A declaration that the demolition of the Plaintiffs construction work at its filling station site along Gamboru-Ngala Road Maiduguri is illegal, null and void and is a denial of the Plaintiff's right to own property.

iv. A declaration that the defendants jointly and severally have no powers and authority to demolish the Plaintiffs …

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