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THE SURVEYOR GENERAL OF CROSS RIVER STATE & ORS v. MR. OPUTE JONATHAN & ORS

(2014) JELR 36504 (CA)

Court of Appeal  •  CA/C/101/2012  •  10 Jul 2014  •  Nigeria

Coram
CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is the appeal against the Judgment of the Federal High Court Calabar in suit No FHC/CA/C3/3/2008 delivered on the 9th July, 2009. The Respondents after obtaining the leave of the Federal High Court, Calabar on the 2nd May 2008, filed a joint Motion on Notice for the enforcement of their fundamental rights. They sought for the following reliefs:

1. An order enforcing or securing the enforcement and protection of the applicant Fundamental Rights as enshrined in Sections 43 and 44 of the Constitution of the of the Federal Republic of Nigeria 1999.

2. An order restraining the Respondents and their agents from interfering/attempting to seize, take possession/measure the immovable property of the Applicants situate at NITEL SENIOR STAFF QUARTERS, IKOT UDUAK OFF MCC ROAD, CALABAR pending the determination of this application for enforcement in terms of the relief sought in the statement accompanying the affidavit in support of t…

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