MISS MINA JACK V. THE ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE, RIVERS STATE & ORS

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 14th December, 2004 A.C. WORYI, J of the Rivers State High Court delivered judgment in the suit of the 4th Respondent no PHC/481/93. The judgment has incited the filing of the appeals nos CA/PH/287/2005 and CA/PH/287A/2005. Both appeals have been consolidated on the orders of this Court for hearing for purposes of convenience. The action of the 4th Respondent was instituted on 15th July, 1993 against the present 1st - 3rd Respondent and the present Appellant (in CA/PH/287/2005) as defendants. The 4 reliefs claimed are as follows -

(i) A declaration that the Plaintiff is entitled to the Statutory Right of Occupancy in respect of the piece of land known as plot 102 Diobu GRA Phase 1, Port Harcourt.

(ii) A declaration that the purported acquisition of plot 102 Diobu GRA Phase I by the Rivers State Government is unconstitutional, null and void and of no effect whatsoever.

(iii) A declaration that the purported sale of the said plot…