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CHIEF A.O. NWOSU & ANOR v. CHUKWURAH OFFOR

(1997) JELR 45404 (SC)

Supreme Court  •  SC.63/1991  •  31 Jan 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiff filed an action in the High Court of Justice. Plateau State holden at Jos claiming the following: reliefs from the defendants jointly and severally:

"(a) A declaration that the defendants are not entitled to enter or remain in or use the said premises.

(b) An order setting aside the Certificate of Occupancy covering the premises fraudulently procured by the defendants.

(c) Possession of the said premise:--.

(d) (i) Damages or mesne profits of N 1.000.000 at the rate of N4,000 per annum from 1st January, 1962 until possession is delivered up.

(ii) General damages.

(e) An injunction.

After filing their joint statement of defence, the defendants moved the court to dismiss the plaintiffs claim on the following grounds:-

"(a) The Certificate of Occupancy or title which Mr. Offor (deceased) had in No. 24 Wilberforce Avenue (now No. 24 Zik Avenue) Jos determined, after nine month immediately following Offor's death.

Theā€¦

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