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BROSSETTE MANUFACTURING NIGERIA LTD V. M/S OLA ILEMOBOLA LTD. & ORS

(2007) JELR 15049 (SC)

Supreme Court  •  SC.226/2001  •  11 May 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC NIKI TOBI JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC PIUS OLAYIWOLAADEREMI JSC

Judgement

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna Division delivered on 14 December, 1999 which allowed the appeal of the plaintiff. 

The 1st respondent M/S Ola Ilemobola Co. Ltd. as plaintiff in the trial High Court claimed against the defendants as per paragraph 42 of her amended statement of claim. The said paragraph 42 reads as follows:-

"42. WHEREOF the plaintiff prays this Honourable Court for the following orders:-

(a) That the purported order of revocation of the plaintiff's right of occupancy dated the 12th day of June, 1986 does not apply to the plaintiff's right of occupancy with certificate of occupancy No. NC 3640 dated the 21st day of September, 1977.

(b) That the purported order of revocation of the plaintiff's right of occupancy dated the 12th of June, 1986 is null and void and of no effect whatsoever since same took retrospective effect.

(c) That the revocation order is defective in law sin…

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