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OKAFOR V. A.G. ANAMBRA STATE

(2000) JELR 60025 (CA)

Court of Appeal  •  11 May 2000  •  Nigeria

Coram
MUSA DATTIJO MUHAMMED, JCA JOHN AFOLABI FABIYI, JCA SULE AREMU OLAGUNJU, JCA

Judgement


SULE AREMU OLAGUNJU, J.C.A (Delivering the Leading Judgment): The appeal is against the decision of the Nnewi Judicial Division of the Anambra State High Court dismissing the action of the eleven appellants who jointly were the plaintiffs at the court below against the three respondents herein.

The facts of the case are straightforward. It is common ground that in 1989 the Anambra State Government acting under the Land Use Act, 1978, published in the State Gazette as ASN. No. 172 of 1989 Notice of Revocation of right of occupancy over an area of land part of which the appellants later claimed as belonging to them and which they claimed to have prior to the acquisition, occupied under the customary right of occupancy. According to the appellants between 1989 when their rights were revoked and 1997 they made jointly and individually, several representations to the State Government protesting the acquisition of the land belonging to them with inconclusive result. However, on 28/4/97 the a…

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