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IKENNE LOCAL GOVERNMENT V. WEST AFRICAN PORTLAND CEMENT PLC

(2011) JELR 57745 (CA)

Court of Appeal  •  CA/I/175/2006  •  21 Mar 2011  •  Nigeria

Coram
SIDI DAUDA BAGE JCA (Presided) MODUPE FASANMI JCA (Read the Lead Judgment) JOSEPH SHAGBAOR IKYEGH JCA

Judgement

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of an Ogun State High Court of justice delivered on 12 April 2006 wherein the court declined jurisdiction to hear the suit in respect of collection of rates and occupancy fees by the appellant against the respondent. Dissatisfied with the ruling, appellant filed a notice of appeal dated 17 May 2006.

The brief facts of the case are that appellant in its writ of summons and paragraph 12 of the statement of claim claimed against the respondent as follows:

Declaration:

That defendant is in physical occupation of the non- urban rural area parcel of land measuring approximately 50 acres situate, lying and being in the vicinity of and opposite TropicalPaints Company, along Iperu/Sagamu Road, Iperu and have been in such occupation prior to 30 September 1998.

That the land referred to in (a) above is within the territorial and administrative jurisdiction of the plaintiff.

That pursuant to sections 1 and 2 of the Ta…

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