GOV., DELTA STATE
V.
OMOJAFOR

(2011) JELR 57799 (CA)    

Court of Appeal  ·  CA/B/59/2003 ·  21 Jan 2011 ·  Nigeria
CORAM
AMIRU SANUSI JCA (Presided) GEORGE OLADEINDE SHOREMI JCA ALI ABUBAKAR BABANDI GUMEL JCA (Read the Lead Judgment)
Core Terms Beta
appellants
law
counsel
suit no. ag
public officers
appeal
respondents
suit no. a
delta state
judicial review
laws of bendel state
transfer fee
validity of an edict
learned trial judge
obiter dictum
competence of the action
decision of hon. justice t.o. diai
delta state legal notice
grounds of appeal
lead judgment
ruling of the delta state high court
substantive action
validity of the delta state legal notice
view of the provisions of section
asaba judicial division
bendel state high court
byakporido j.
comments of the learned trial judge
contravention of section
delta state high court
diai j.
end of the arguments
following grounds
following reliefs
full consideration
given situation
inherent jurisdiction of the lower court
issue of public officers
issue of public officers protection law
issue of the public officers
learned assistant chief
leave of the court
legal officer
lower court
notice of appeal
present suit
tax property
view of the earlier decision of diai j.

GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Delta State High Court, Asaba Judicial Division, delivered byAkporido J., in suit No. A/M/9/2001 on 28 June 2002. Upon an ex-parte motion dated 26 June 2001 and brought pursuant to Order 43 , rules 1, 2(b), 2(c) etc of the Bendel State High Court (Civil Procedure ) Rules, 1988, applicable to Delta State High Court, the respondent herein, as the applicant sought for and obtained leave of the court to apply for judicial review. The substantive action for judicial review was concerned with and pertained to the following reliefs: namely:

For an order for judicial review for a declaration directed to the Executive Governor, Delta State and Attorney-General, Delta State that the Delta State Legal Notice, No. 8 of 1998 which purports to charge transfer fee, charge or tax property assigned, is in conflict with the Land Use Act, 1990 and is null, void and of no effect. An order that property at Agbor an ur…

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