(1996) JELR 39857 (CA)    

Court of Appeal  ·  CA/PH/92/94 ·  14 Mar 1996 ·  Nigeria
Other Citations
Ahamadu vs. A.G. Rivers State (1996) 7 NWLR (Pt. 458)
Ahamadu v. A.-G., Rivers State (1996) 7 NWLR (Pt. 459) 236
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondent
learned trial judge
interlocutory injunction
balance of convenience
statement of claim
port harcourt
victoria street
substantive suit
trial court
supreme court
order of injunction
order of interlocutory injunction
particulars of error
3rd defendant
possession of the said property
respect of the property
grant of an injunction
interlocutory reliefs
law court
property development authority
rivers state high court
said property
3rd defendants
acts of the respondent
admissible affidavit evidence
affidavit of the appellant
a.g. of anambra state v
attorney-general of rivers state
entire application
following cases
high court law cap
interlocutory injunction ought
leading judgment
leave of this court
legal requirement
original grounds of appeal
paragraph affidavit
paragraph counter-affidavits
plaintiff alhaji a. ahamadu
prayer of interlocutory injunction
purported exercise
purported sale of the property
real reliefs
simplification of the legal requirement
statutory right of occupancy
substantive claim

KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): The plaintiff Alhaji A. Ahamadu instituted an action in the Rivers State High Court against the Attorney-General of Rivers State, Rivers State Housing and Property Development Authority and Mr. Pepple Owen Solomon in respect of the property situate at No. 139 Victoria Street, Port Harcourt. The plaintiff claimed against the defendants jointly and severally for:

"(a) A declaration that the property in dispute had been validly approved for sale to the plaintiff.

(b) An order directing the Housing and Property Development Authority to communicate to the plaintiff the value of the property in dispute so that the plaintiff can pay for same.

(c) A declaration that the purported sale of the property in dispute by the Abandoned Property Implementation Committee in 1978 to Mr. Pepple is null, void and of no effect whatsoever since the said property was never an abandoned property at the time of the purported sale and as a result the Certif…

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