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ATTAMAH & ORS.
V.
THE ANGLICAN BISHOP OF THE NIGER & ORS.

(1999) JELR 43775 (SC)

Supreme Court 24 Sep 1999 Nigeria
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Case Details

Suit Number:SC.158/1993
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:Ben C. Ezugwu, Esq. For Appellant Chief O. Ugolo - for the 1st, 2nd & 4th Respondents Chief T. A. Ezeobi - for the 3rd Respondent For Respondent
Other Citations:Attamah v. Anglican Bishop of the Niger (1999) NWLR (Pt.633) 6 (1999) 9 S.C 37, (1999) 12 NWLR (Pt. 631) 362, (1999) JELR 77613 (SC)

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The Plaintiffs in the High Court holden at Nsukka instituted this action against the Defendants claiming as follows:-

"(a) A declaration that the Plaintiffs are the owners of the land in dispute and are therefore entitled to the statutory right of occupancy over the land.

(b) A declaration that the 1st Defendant has breached the terms and conditions of the deed of lease and has therefore forfeited the lease.

(c) A declaration that the purported sublease or assignment of the land in dispute to the 3rd and 4th Defendants is null and void and of no effect.

(d) An order granting the Plaintiffs recovery and possession of the disputed land.

(e) An order of perpetual injunction restraining the Defendants, their servants, agents, privies and successors from further entering into the disputed land and from carrying on any activity on the said land."

The suit was filed on 22/6/92. On the following day 23/6/92, the Plaintiffs filed a Motii…

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