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AYITO
V.
THE COMMISSIONER OF LANDS & HOUSING (CROSS RIVER STATE) & ORS

(2021) JELR 113205 (CA)

Court of Appeal 7 May 2021 Nigeria
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- The appellant challenged the dismissal of his claim by the High Court of Cross River State, which held that a prior judgment (Suit No. C/53/85) nullifying a government land acquisition only affected a specific 2.547 hectares belonging to

Case Details

Suit Number:CA/C/248/2016
Judges:MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:Orhardson Umoh for the Appellant. Anthony Effiom, Dir. Civil Appeal, Cross River State for the 1st – 4th Respondents. Mba E. Ukweni, SAN (with Peter Akpan) for the 5th & 6th Respondents.
Location:Calabar

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgement): This appeal is against the judgment of the High Court of Cross River State, Coram Hon. Justice Eyo E. Ita delivered on 18th day of July, 2016 dismissing the claim of the claimant thereat and also striking out the name of the 3rd respondent for not been served with the originating processes.

By originating summons filed on 17/3/2016, the appellant as claimant before the lower court sought for the determination of the following questions:-

  1. Whether the judgment of Cross River High Court in Suit NO. CA/53/85 dated 25th February,1986 delivered by Hon. Justice Udofia (late) does not remain binding, valid and subsisting against the 1st defendant as same has not been appealed against or set aside by the decision of any other court.

  2. Whether in the circumstance where the acquisition of the land made by the 1st defendant per Notice No.9 Vol.10 in the  Cross River State Gazette of 17th February, 1977 and Nigerian Chronicle of January 22…

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