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Quo Vadis Hotels Limited v. Commissioner of Lands

(1973) JELR 33792 (SC)

Supreme Court  •  SC.20/1973  •  15 Jun 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellants, Quo Vadis Hotels and Restaurants Ltd., were the second defendants in an action instituted by the Commissioner of Lands, Mid-Western State (now first respondent) in the High Court, Benin City. The first defendant to the action is one Chief Francis Edo-Osagie and the third defendant is the Registrar, Lands Registry, Benin. The plaintiff's writ is endorsed as follows:-

''Plaintiff claims:-

1. A declaration that the deed of Sublease made 1st day of November, 1968 between the first and second defendants regarding No. 1A Reservation Road, Government Reservation Area Benin City and registered as No. 16 at page 16 in Volume 54 of the Lands Registry Benin City is void and of no legal effect.

2. A declaration that any purported occupation of No. 1A Reservation Road, Government Reservation Area Benin City pursuant to the said deed of Sublease of 1st November, 1968 between the 1st and 2nd defendants is unlawful. …

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