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O.D. BRIGGS V. THE CHIEF LANDS OFFICERS OF RIVERS STATE OF NIGERIA & ORS

(2005) JELR 44974 (SC)

Supreme Court  •  SC.68/2000  •  29 Apr 2005  •  Nigeria

Coram
MOHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of River State holden at Port Harcourt, the plaintiff claimed against the defendants jointly and severally as follows:-

"(a) A decree of specific performance constraining the 1st defendant to engross the deed as contained in paragraph 2 of the letter of renewal exhibit C, the plaintiff having perfected his obligation of payments of the necessary fees consequent to the engrossing of the deed.

(b) A declaration that the purported sale of the properly No. 9 Yenagoa Street, Diobu, Port Harcourt, also known as Plot 5 in Block 254, Oriji Layout, Diobu, Port Harcourt by the 2nd defendant to the 3rd defendant is null and void.

(c) N500,000.00 general damages for trespass to the property by the defendants jointly and severally.

(d) Rent for 35 rooms at N12.00 per room per month from 1/9/1986 until judgment is given from the 3rd defendant."

Each defendant filed a separate statement of defence. After the filling and exchange of …

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