DICKSON & ANOR
V.
SOLICITOR-GENERAL OF BENUE-PLATEAU STATE

(1974) JELR 44446 (SC)    

Supreme Court  ·  SC.137/1974 ·  22 May 1974 ·  Nigeria
 · 
Other Citations
DICKSON & ANOR. v. SOLICITOR-GENERAL OF BENUE-PLATEAU STATE (1974) 5 S.C. (REPRINT) 18
CORAM
GEORGE B.A. COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
defendants
section
property
land tenure law
claim
consent of the commissioner of lands
learned trial judge
s.g. bonomi ltd.
transactions
appellants
power of attorney
2nd defendant
argument
certificate of occupancy
sale
virtue of section
1st defendant
attorney general of the state
benue-plateau state
clear provisions of section
coker
concluding paragraph
end of the trial
favour of the plaintiff
first defendant
government of benue-plateau state
grounds of appeal
high court
inter alia
leading judgment
learned acting director of public prosecutions
military governor
number of claims
number of other minor points
occupation of land
occupation of the premises
physical possession of the premises
purported revocation of the certificate of occupancy no.
recovery of possession of native lands
sale of the property
solicitor-general of the benue-plateau state
stage of the proceedings
statutory right of occupancy
substantive claim
unlawful possession
virtue of paragraph

COKER, J.S.C. (Delivering the Leading Judgment): Although the respondent's statement of claim in the concluding paragraph spells out a number of claims against the defendants, who are now the appellants, it is clear that the substantive claim against the appellants is for situate their eviction from premises situate at No. 14, Naraguta Avenue, Jos. In the High Court, Jos, the parties filed their pleadings and, by virtue of paragraph 4 of the plaintiff's statement of claim, which was admitted by paragraph 3 of the defendants' statement of defence, it is clear that the property concerned was occupied by whoever did so under a "statutory right of occupancy". It is stated that the Certificate of Occupancy relevant to the property is No. 9354. At the end of the trial, the learned trial judge gave judgment in favour of the plaintiff, the Solicitor-General of the Benue-Plateau State, now respondent, and made an order of eviction against both defendants who are in physical possession of the p…

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