ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment).: This is an appeal the ruling of the Delta State High Court, Asaba Judicial Division, delivered by Akporido, J. in Suit No. A/M/9/2001 on 28th June, 2002. Upon an Ex-parte motion dated 26/6/2001 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:
a) For an Order for judicial review for an 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 null, void and of no effect.
b) An Order that property …