(2022) JELR 109123 (CA)    
Court of Appeal  ·  CA/IB/311/2017 ·  6 Jan 2022 ·  Nigeria
Ugochukwu Anthony Ogakwu, JCA Abba Bello Mohammed, JCA Abdul-Azeez Waziri, JCA
Core Terms Beta
lower court
white paper
1st appellant
amended statement of claim
loss of income
issue suo motu
certificate of occupancy
substantial justice
notice of appeal
decision of the supreme court
issue number
trial judge
1st claimant
circumstance of the pleadings
decision of the lower court
evidence of the parties
judicial commission of inquiry
pleaded facts
rules of court
special damages
unnecessary technicalities
valid certificate of occupancy
valid revocation
appellants’ claims
basis of the said issues
briefs of argument
continental ltd
court of appeal rules
documentary evidence
end of the trial
following reliefs
function of the court
high court of ogun state
just disposal of the case
leading judgment
legal principle
parcel of land
plenary trial
respect of the said land
said commission of inquiry
scarified judgment of the lower court
settled state of the law
sum of n120,262,647.00
use of ademok filling station

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):

 The 1st Appellant was, upon its application, allocated a parcel of land situated at J4 Junction, along Benin-Sagamu Expressway, by the Respondent. Thereafter the Respondent granted the 1st Appellant a Certificate of Occupancy in respect of the said land. The Appellants developed the land and among others set up a functional Petrol Filling Station and a Guest House on the land.

​The Respondent later set up a Judicial Commission of Inquiry on Land Matters (2004-2011) and a Petition was written to the said Commission of Inquiry complaining that the land allocated to the 1st Appellant was part of the Forestry Reserve, and that the siting of a Petrol Filling Station on the land posed a danger to the Forest Reserve. The Commission of Inquiry gave the Appellants a hearing; and in its Report, it recommended that the allocation be cancelled and urged that an alternative plot of land be given to the 1st Appellant. The Respondent…

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