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THE COMMISSIONER OF POLICE, ABIA STATE & ORS v. UZOMBA OKARA & ORS

(2014) JELR 36464 (CA)

Court of Appeal  •  CA/OW/1M/2012  •  30 May 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal raises the question concerning actions or Suit that can be commenced or brought pursuant to the FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 made by the Chief Justice of Nigeria under Section 46 (3) of the Constitution of Nigeria, 1999 in matters dealing with breaches of Fundamental Rights provisions in Chapter IV of the said Constitution.

The proceedings in this action was initiated vide a Motion on Notice by the Respondents who were the APPLICANTS at the lower Court, dated 12th day of November, 2010 filed on 15th November, 2010 wherein they sought for the following reliefs:-

1. A DECLARATION that the applicants are constitutionally entitled to own and enjoy immovable property, to wit; all that piece and or parcel of land traditionally called INYAM measuring about 10 hectares lying and situate at Ndagbo-Eluama Uzuakoli, Abia State.

2. A DECLARATION that the appropriation of the applicants, said land by …

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