CHIEF A.O. NWOSU & ANOR V. CHUKWURAH OFFOR
(1997) JELR 45404 (SC)
Supreme Court
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SC.63/1991
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31 Jan 1997
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Nigeria
Coram
MUHAMMADU LAWAL UWAIS JSC;
IDRIS LEGBO KUTIGI JSC;
EMMANUEL OBIOMA OGWUEGBU JSC;
UTHMAN MOHAMMED JSC;
YEKINI OLAYIWOLA ADIO JSC;
Appearances
Chief I.T. Nwogu For Appellant
Chief L.C. Ezebilo For Respondent
Judgement
<p>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: </p><p> "(a) A declaration that the defendants are not entitled to enter or remain in or use the said premises.</p><p> (b) An order setting aside the Certificate of Occupancy covering the premises fraudulently procured by the defendants.</p><p> (c) Possession of the said premise:--.</p><p> (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.</p><p> (ii) General damages.</p><p> (e) An injunction.</p><p> After filing their joint statement of defence, the defendants moved the court to dismiss the plaintiffs claim on the following grounds:-</p><p> "(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.</p><p> Theβ¦</p>