(2004) JELR 44969 (CA)    

Court of Appeal  ·  CA/A/218/2003 ·  25 Nov 2004 ·  Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th defendant
kogi state
3rd respondent
4th respondent
cause of action
reasonable cause of action
3rd defendant
learned trial judge
land use act
claim of the plaintiffs
doctrine of separation of powers
1st defendant
2nd defendants committee
3rd september
beneficial owners of the respective properties
case of sale
constitutional powers of the 3rd respondent
contractual obligation
detailed study of the said report
kogi state radio
nigeria television authority lokoja
notice of preliminary objection
respective certificates of occupancy
speaker of the house of assembly
various locations
above claims
clearer picture of the whole case
competence of the suit
consequential relief
following grounds
following rules
governor of kogi state
hon. a-g kogi state
interlocutory matters
kogi state government
kogi state high court of justice
learned a-g kogi state
legal premises
said averments of the joint statement of claim
statement of defence
statutory powers of the 3rd defendant
trustees of c.c.c

I.T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellants herein, as plaintiffs at the Kogi State High Court of Justice, holden initially, at Obangede and later at Okene, (the court below), took out a writ of summons. The claims endorsed in both the Writ of Summons and the Plaintiffs' Joint Statement of Claim are as follows:-

"(a) A declaration that the Plaintiffs are the Beneficial Owners of the respective properties situate in various locations in Lokoja, Kogi State, individually purchased from the 4th Defendant sometime in the Year 2000.

(b) A declaration that the respective Certificates of Occupancy granted and issued by the 3rd Defendant to each of the Plaintiffs covering their respective properties purchased from the 4th Defendant in the 2000 were properly issued, valid and subsisting.

(c) A perpetual injunction restraining the Defendants by themselves, their servants, agents, privies or any person howsoever called acting on their behalf from tampering with, revoki…

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