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A. O. ODIBA & ANOR. V. AKAAZUE MUEMUE

(1999) JELR 43524 (SC)

Supreme Court  •  SC.8/93  •  18 Jun 1999  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Appearances
O. P. Ulegede, Assistant Director, Public Prosecutions, Ministry of Justice Benue State (with him, M. I. Agber) For Appellant Respondent absent and unrepresented For Respondent

Judgement

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The respondent was the plaintiff before the Benue High Court. He was the owner of a piece of land covered by Certificate of Occupancy No. BP 1503. The land is situate along J.S. Tarka Way, Gboko. The respondent built a single storey house on the land. He later constructed an extension to the building.

In November, 1984, the Task Force on Environmental Sanitation for Gboko Local Government Area observed that some buildings in Gboko Town had encroached on the streets and sanitary lanes. The Task Force decided to demolish the buildings. The house of the respondent was one of the buildings earmarked for demolition. The respondent received a letter dated 15th November, 1984, from the Task Force notifying him that his house was earmarked for demolition.

On receiving the letter, the respondent went to the High Court. Gboko and filed a suit against the Task Force. He applied also for an injunction to restrain the Task Force from demolish…

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