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GLADSTONE NNAMDI OFODILE V. COMMISSIONER OF POLICE, ANAMBRA STATE

(2000) JELR 51565 (CA)

Court of Appeal  •  CA/E/172/96  •  10 Jul 2000  •  Nigeria

Coram
NIKI TOBI, JCA SULE AREMU OLAGUNJU, JCA JOHN AFOLABI FABIYI, JCA

Appearances
Chief P. G. E. Umeadi, SAN., (with Phillip Umeadi Jnr., Esq.,) for the Appellant. W. C. Ikediugwu, Esq., Chief Legal Officer, Anambra State Ministry of Justice, Awka.

Judgement
<p><strong> OLAGUNJU, JCA (Delivering the Lead Judgment): </strong> This appeal is from the decision of Olike, J., of the Anambra State High Court sitting at Onitsha, dismissing the appellant’s claims over a piece of land in an action in which the appellant, as the plaintiff, asked for the following reliefs: </p><p>“(a) A declaration that by virtue of the lease of 5 Hill-Top, Onitsha in favour of plaintiff, the defendant has no rights extant over the said land against the plaintiffs leasehold interest for 99 years expiring 2087.</p><p>(b) A declaration that by virtue of interpretation of the plaintiff’s lease aforesaid, recovery of State or Federal Government land is not one of the statutory functions of the defendant except as may be authorised by the Federal Attorney-General in writing and only when plaintiff is in occupation without any rights whatsoever. </p><p>(c) An order directing the defendant to remove forthwith a sign- board or notice placed in 5 Hill-Top, declaring as follows: “Police Land - Keep off” as an unwarr…</p>

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