(2018) JELR 38797 (CA)    

Court of Appeal  ·  CA/IL/55/2016 ·  10 Jul 2018 ·  Nigeria
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
land use act
public officers
cause of action
learned counsel
order of perpetual injunction
offa urban area of kwara state
provisions of section
exhibits moj
revocation of the statutory right of occupancy
2nd appellant
case of fgn
governor of kwara state
law of kwara state
points of law
statute of limitation
action of the appellants
certificate of occupancy no. kw
hamma akawu barka
legal owner of the right of occupancy
plot of land
revocation notice
subsisting grant
advice of his counsel
affidavit evidence
appellants brief of argument
attorney general of kwara state
buwon hold
case of contract
case of recovery of land
decision of the trial court
grant of a plot of land
host of cases
instant appeal
judgment of the lower court
leading judgment
learned attorney general
learned law officer
office of the 2nd defendant
purported reallocation of the land
respect of the first plot
revocation of the plot
right of occupancy
set of issues
subject of the action
view of section

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal emanated from the decision of Justice A. O. Akinpelu of the Kwara State High Court, Ilorin judicial division, in suit No: KWS/366/2015 between Attorney General of Kwara State and one Or. v. Engr. Ibrahim Issa Kolawole; delivered on the 7th of June, 2016 wherein the claimants/respondents claim succeeded in part as declared at page 176 of the record to wit:

i. The Claimant is declared the legal owner of the Right of Occupancy of the claimant over Plot 19, Block 7, TPO 119, with ref: No: LAN/ARO/RES/1848 at Offa Urban Area of Kwara State covered by Certificate of Occupancy No. KW. 11057 of 19th of November, 2004 issued by Kwara State Government.

ii. Consequently, the purported reallocation of the land in issue by the defendants to another person without having first revoked the title of the claimant is invalid, void and of no consequence.

iii. An order of perpetual injunction is made restraining the defendants, …

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