UNIVERSITY OF BENIN V. SAMUEL EFIONAYI & ORS.

CHIOMA EGUNDE NWOSU-IHEME, J.C.A. (Delivering the Lead Ruling): The Appellant/Respondent was the Defendant at the lower court in a Suit brought by the Respondents/Applicants in which in their amended Writ of Summons the Respondents/Applicants claimed the following reliefs:-

"CLAIM

WHEREFORE plaintiffs' claim against the defendant as follows:-

(1) A declaration that the purported acquisition of all that plaintiff's parcel of land made up of 256.511 hectares sometime in 1971 by the defunct Midwest State Government for the use of the defendant is unconstitutional null and void and of no effect whatever in so far as notice of the purported required by Section 5 of the Public Lands Acquisitions Law Cap 105 Laws of Western Nigeria 1959 then Application in Midwestern Nigeria.

(2) An order of this Honourable Court setting aside the said acquisition.

(3) The sum of N10,000.000.00 being damages for trespass and illegal occupation of the land by the defendant.

(4) Perpetual injunction restrainin…