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MR. PATRICK ORDIA & ANOR V. THE GOVERNOR OF DELTA STATE & ORS

(2007) JELR 48722 (CA)

Court of Appeal  •  CA/B/8/2005  •  26 Feb 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; STANLEY SHENKO ALAGOA JCA; GEORGE OLADEINDE SHOREMI JCA;

Judgement

ZAINAB ADAMU BULKACHUWA, J.C.A. (Delivering the Leading Judgment): By an originating summons filed on the 17/8/2000 before the High Court No.3 Effurum, the appellants as plaintiffs claimed against the respondents/defendants as follows:-

(i) Whether as per the Supreme Court judgment in Suit No. SC/220/1992 ANTHONY IDESOH and ORS. V. CHIEF PAUL ORDIA and ORS, the plaintiffs herein who are the personal representatives of the Late Chief Paul Ordia, are the DEEMED HOLDER of the statutory right of occupancy in respect of all that piece or parcel of land lying, being and situate at along Udu Road, Koloholo village, Enerhen Effurun covered by the Supreme Court judgment aforesaid the litigation plan filed thereto.

(ii) If the answer to (i) above is in the affirmative, whether the Defendants can validly issue or grant to private individuals for their own private purposes certificate of occupancy in respect of portions of land comprising the entire lands.

Whether the Defendants can or validly do…

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