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OLU ODE OKPE v. FAN MILK PLC & ANOR

(2016) JELR 40946 (SC)

Supreme Court  •  SC.309/2006  •  9 Dec 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC;

Judgement

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The appellant herein, as plaintiff at the Plateau State High Court of Justice, holden at Jos, (Trial Court) instituted an action by a writ of summons and Statement of Claim against the respondents herein, who were the 1st and 2nd defendants at the said trial Court

Paragraph 29 of the appellant's Amended Statement of Claim reads as follows:

"WHEREOF the plaintiff's claim against the defendants jointly and severally in this suit (is) as follows:

1 . A declaration that the sale of the property situate at No.86 Yakubu Gowon Way, Jos covered by Certificate of Occupancy No. BP 1373 is null and void and without any legal effect as the purported sale was done without obtaining the prior consent of the Governor of Plateau State and consent of the Commissioner of Lands pursuant to the mandatory provision of the Land Use Act 1978 and terms of the Certificate of Occupancy and the sales by Auction Law.

2. No (sic: An) order setting asid…

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