OKO JAMES EGWUINI & ORS V. TOM AGADA & ANOR

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellants herein as the plaintiffs instituted suit no. HAE/2/2005 in the High Court of Ebonyi State, Afikpo Judicial Division wherein they claimed the following reliefs:

(a) An order revoking the purported statutory certificate of Occupancy dated 8/10/82 No. 7/7/16 issued to M. N. Agada as the same was obtained not in good faith and without the consent and/or authority of the plaintiffs.

(b) A declaration that the purported sale and/or purchase of the plaintiffs No. 51 Eke Market Road/Square is illegal, void and of no effect whatsoever in that the transaction was done without the plaintiffs consent and/or authority.

(c) A declaration that the defendant had incurred forfeiture on the grounds of misbehaviour and/or misconduct in respect of the parcel or portion of land held of the plaintiffs not as a tenant but as a volunteer.

(d) N11,400,000.00 (Eleven Million, Four Hundred Thousand Naira) being special and gene…