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STEPHEN IDUGBOE & SONS LTD. ANDREW IDUGBOE BENSON IDUGBOE SAM IDUGBOE V. MRS. PATRICIA ANENIH ELF (NIGERIA) LIMITED COMISSIONER FOR LANDS DELTA STATE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, DELTA STATE MILITARY ADMINISTRATOR OF DELTA STATE

(2002) JELR 52779 (CA)

Court of Appeal  •  CA/B/149/98  •  25 Feb 2002  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND, JCA (Presided) SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment) KUMAI BAYANG AKAAHS, JCA

Judgement

IBIYEYE, JCA (Delivering the Lead Judgment): By paragraph 44 of the further amended statement of claim, the plaintiffs sought the following reliefs from the defendants jointly and severally:

“44...

A declaration that the Certificate of Occupancy No. BDSR 368 of 21st September, 1979 and registered as No. 31 at page 31 in Volume DI of the Lands Registry in the Office at Benin City, now registered in Asaba, Delta State, following the creation of Delta State, in respect of the 10 acres piece of land of the plaintiffs at Ogunu, Warri granted to the 1st defendant by the Government of Delta State as herein represented by the 3rd, 4th and 5th defendants is irregular,improper, illegal, null and void.

An order that the 5th defendant withdraw, revoke and/ or cancel (sic) the purported Certificate of Occupancy No. BDSR 368 and that the 3rd, 4th and 5th defendants rectify the Land’s Register by striking out the registration of the certificate in the said register.

A declaration that by the improper…

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