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BORNO STATE URBAN PLANNING & DEVELOPMENT BOARD MINISTRY OF LAND AND SURVEY, BORNO STATE & ANOR
V.
BAMS INVESTMENT (NIG) LTD

(2017) JELR 47044 (CA)

Court of Appeal 17 Feb 2017 Nigeria
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- This case involves a dispute over the suspension and demolition of a petrol filling station by the defendants. - The respondent claimed that the suspension and demolition were illegal, null and void, and a violation of their right to own

Case Details

Suit Number:CA/J/116/2014
Judges:ADAMU JAURO Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:S. U. Mshelia (Principal State Counsel, Ministry of Justice, Borno State) For Appellant N. A. Dammo For Respondent

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of the Borno State High Court in Suit No BOHC/MG/CY/104/10 delivered by Honorable Justice Yaro Gambo on the 14th of December, 2013. The Respondent commenced the action in the lower Court against the Appellants and his claims were for:

i. A declaration that the defendants jointly and severally do not have the authority and power to suspend the Plaintiff's work on its petrol filling station.

ii. A declaration that the suspension of the Plaintiff's work by the defendants jointly and severally is illegal, null and void and ultra vires the defendants.

iii. A declaration that the demolition of the Plaintiffs construction work at its filling station site along Gamboru-Ngala Road Maiduguri is illegal, null and void and is a denial of the Plaintiff's right to own property.

iv. A declaration that the defendants jointly and severally have no powers and authority to demolish the Plaintiffs …

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