GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Delta State High Court, Asaba Judicial Division, delivered byAkporido J., in suit No. A/M/9/2001 on 28 June 2002. Upon an ex-parte motion dated 26 June 2001 and brought pursuant to Order 43 , rules 1, 2(b), 2(c) etc of the Bendel State High Court (Civil Procedure ) Rules, 1988, applicable to Delta State High Court, the respondent herein, as the applicant sought for and obtained leave of the court to apply for judicial review. The substantive action for judicial review was concerned with and pertained to the following reliefs: namely:
(a) For an order for judicial review for a declaration directed to the Executive Governor, Delta State and Attorney-General, Delta State that the Delta State Legal Notice, No. 8 of 1998 which purports to charge transfer fee, charge or tax property assigned, is in conflict with the Land Use Act, 1990 and is null, void and of no effect.
(b) An order that property at Agb…