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C. C. AKWANWANNA & SONS EMERSON ASSOCIATES LTD V. UNUDIKE PROPERTY LTD V. THE HON. ATTORNEY-GENERAL/ COMMISSIONER OF JUSTICE, ENUGU STATE THE HON. COMMISSIONER FOR LANDS AND HOUSING, ENUGU STATE

(2005) JELR 57844 (CA)

Court of Appeal  •  CA/E/6M/2003  •  30 Nov 2005  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided) OLUFUNLOLA OYELOLAADEKEYE JCA (Read the Lead Judgment) JA'AFARU MIKA’ILU JCA

Judgement

ADEKEYE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Enugu State - Enugu Judicial Division in suit No. E/31/2001 delivered on the 26th of November, 2001. In the endorsement in the writ of summons before the High Court, the plaintiffs now respondents in this appeal sued the defendants jointly and severally as follows:- “(a) A declaration that the document titled“notice of revocation of rights of occupancy over plots 448, C9, C12, C13, C28, C46, C48, C50,C51, F6and F22 Independence layout, Enugu, dated25th day of September 1995 and signed by Professor Ernest Chukwuemeka Adibe - Hon. Commissioner forWorks, Lands, Housing andTransport, Enugu State isincompetent, ineffectual, null and void.

A declaration that the purported revocation of the statutory rights of occupancy vested in the plaintiffs as the registered holder of the eleven plots namely 448, C9, C12, C13, C28, C46, C48, C51, C52, F6 and F22 Independence layout, Enugu spe…

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