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BEN COLLINS NDU v. UNUDIKE PROPERTIES LTD. & ORS.

(2007) JELR 33069 (CA)

Court of Appeal  •  CA/E/141/2004  •  28 Jun 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; JA' AFARU MIKA'ILU JCA; JIMI OLUKAYODE BADA JCA;

Judgement

MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal by Ben Collins Ndu, the party affected and having an interest in the case against the judgment of Enugu High Court of 26th November, 2001. The action was as a result of revocation of land belonging to the plaintiffs/respondents by the defendants/respondents. Before the trial court the plaintiffs/respondents alleged and claimed as follows:

"(a) A declaration that the document titled Notice of Revocation of Right of Occupancy over Plots 448, C9, C12, C13, C128, C46, C48, C50, C51, F/6 and F122 Independence Layout, Enugu dated 25th day of September, 1995 and signed by Professor Ernest C. Adibe, Hon. Commissioner for Works, Lands, Housing and Transport, Enugu State, is incompetent, in effectual null and void;

(b) A declaration that the purported Revocation of the Statutory Rights of Occupancy vested in the plaintiff as the registered holder of the 11(eleven) plots namely 448, C/9, C/12, C/13, C128, C126, C/48, C/50, C/5…

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