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GOBOYE LUKE v. RIVERS STATE HOUSING & PROPERTY DEVELOPMENT AUTHORITY

(2009) JELR 42132 (CA)

Court of Appeal  •  CA/PH/240/2003  •  14 Jul 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading judgment): This is an appeal against the judgment of the Rivers State High Court of justice delivered by K. D. Ungbuku (J) (as he then was) in suit No. PHC/129/87 on the 25th day of October, 1991.

The Appellant was the Plaintiff whilst the Respondents were the Defendants in the Court below.

The Appellant as Plaintiff took out a writ of summons, dated 3rd day of March, 1987 wherein she claimed as follows:

"(i) That the Plaintiff is the BONAFIDE purchaser and therefore owner of the Plot Block 36 Native Location otherwise known as 37 Aggrey Road, Port Harcourt without notice of any encumbrances by document date 25th July 1983 and registered as No. 119 at page 119 in Volume 96 of the Lands Registry kept at Port Harcourt.

(ii) That the purported cancellation of this sale be declared invalid, null and void.

(iii) A perpetual injunction against the defendants and their privies, agents or whomsoever from further interfering with the owners…

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