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MR. ANDREW D. EMUEZE & ORS v. GOVERNOR OF DELTA STATE & ORS

(2014) JELR 36597 (CA)

Court of Appeal  •  CA/B/286/2009  •  30 Jun 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Delta State High Court sitting at Agbor, delivered on the 25th of July 2008, setting aside its judgment, delivered on the 3rd of June 2008, given in default of the 4th, 5th, and 7th respondents appearance.

The facts leading to this appeal in brief, is that the appellants on the 28/8/2007, instituted an action against the Governor of Delta State and Ors, before the High Court of Justice Agbor, claiming the following reliefs:

"25. (1). The sum of N14, 400,000.00 (fourteen Million Four Hundred Thousand Naira) being the value of their residential cum commercial buildings of the plaintiffs situate and lying behind No. 40, Market lane Ekwueze Abayo illegally and unconstitutionally demolish by the defendants"

It is the story of the plaintiffs, now appellants, that they are the children of one Ushamata Emueze, now deceased. The late Ushamata, sometimes in 1977, purchased a parcel of land f…

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