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KANDIX LIMITED & Anor v. ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE, CROSS RIVER STATE & Anor

(2010) JELR 33649 (CA)

Court of Appeal  •  CA/C/200/2009  •  24 Jun 2010  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKA'ILU JCA; NWALE SYLVESTER NGWUTA JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A (Delivering the Leading Judgment): The Plaintiffs now Appellants took out an Originating Summons in Suit No. HC/370/2007 seeking a determination of the following questions:

1. Whether the publication of the purported revocation notice in the Nigerian Chronicle of 24th January to 28th January, 2002 complied with the mandatory requirement of personal service of the notice as provided in the Land Use Act.

2. Whether the Defendants have power of (sic) legal authority to revoke plaintiff (sic) title for extension of Calabar Free Trade Zone and allocate the said land to their cronies for their personal use.

3. Whether the action of the defendants did not violate the plaintiffs constitutional right as enshrined in the 1999 Constitution. The Plaintiffs then sought the following reliefs:

a) A declaration that the Plaintiff's are entitled to personal service and notice of the said revocation of their title.

b) A declaration that the defendants have no power or right t…

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