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(2002) JELR 44747 (CA)    

Court of Appeal  ·  CA/PH/29/2000 ·  18 Apr 2002 ·  Nigeria
Other Citations
Admin./Exec., Estate, Abacha v. Eke-Spiff (2003) 1 NWLR (Pt. 800)114
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
3rd defendant
1st plaintiff
2nd defendants
senior counsel
1st defendant
statement of claim
land use act
statute of limitation
diobu g.r.a. phase ii
lands registry
property file
respondent's action
respectful view
rivers state high court
trial court
copy of the memorandum
favour of sani abacha
limitation law
operation of the land use act
prior building lease
state land rent
such leave
briefs of argument
case of the plaintiffs
c construction company
chief of defence staff
concealment of fraud
date of their publication
exact date
following expression
issue of the competence of the action
known instrument
leading judgment
legal person
notice of appeal
prepared registered letter
provisions of the limitation act
record of appeal
revocation of the plaintiff
rivers state limitation acts
set of facts
such later date
way of a preliminary objection
wherefore plaintiffs
year lease

NSOFOR, JCA (Delivering the Leading Judgment): The respondents qua plaintiffs had by a writ of summons filed on the 30th of November, 1998 in the Port Harcourt High Court of the Rivers State of Nigeria, claimed as per paragraph 19 of the statement of claim (as amended) as follows -

"19 WHEREFORE plaintiffs claim as follows:

1. A declaration that the 1st plaintiff vested with the property known as plot 288 Diobu G.R.A. Phase II, vide the prior building lease registered as No. 78 at page 78 in volume 25 of the Lands Registry in the office at Port Harcourt is by operation of the Land Use Act, 1978 the deemed holder of any certificate of occupancy in respect of the plot 288, G.R.A., Phase II, property.

2. A declaration that the subsequent grant on 8/6/77 of a Building Lease over the same plot 288 Diobu, G.R.A. Phase II in favour of Sani Abacha (3rd defendant) as a private citizen (notwithstanding the prior grant in 1975 to the plaintiff) is unconstitutional and therefore null and void.


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