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NIGERIAN PORTS AUTHORITY v. ATTORNEY-GENERAL OF CROSS RIVER STATE & ORS

(2014) JELR 41138 (CA)

Court of Appeal  •  CA/C/64/2011  •  10 Jul 2014  •  Nigeria

Coram
ONYEKACHI A. OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH JUDE JELLA JCA;

Judgement

JOSEPH JUDE JELLA, J.C.A.(Delivering the Leading Judgment): In the Federal High Court Calabar the Plaintiff/Appellant by originating summons raised three questions for determination as follows:

1. Whether the Plaintiff's proprietary interest in the land in dispute and his development thereon known lying and situate at Ekorinim Calabar. Cross River State (Harbour Village) measuring approximately 11.04 hectares which vest in the Plaintiff under and by virtue of Section 125(3)(b) paragraph 9(3)(b) of third schedule of Nigeria Ports Act No 28 of 1999 and section 317 of 1999 Constitution are capable of being revoked and extinguished by the 1st and 2nd Defendants.

2. Whether the Plaintiff's land lying and situate at Ekorinim (Harbour Village) Calabar Gross River State is having regard to the status of the Plaintiff as an Agency of the Federal Government exempted from the provisions of the Land Use Act 1978.

3. Assuming the provisions of the Land Use Act are applicable to the land in disputeā€¦

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