IKENNE L. G.
V.
WEST AFRICAN PORTLAND CEMENT PLC

(2011) JELR 57745 (CA)    

Court of Appeal  ·  CA/I/175/2006 ·  21 Mar 2011 ·  Nigeria
CORAM
SIDI DAUDA BAGE JCA (Presided) MODUPE FASANMI JCA (Read the Lead Judgment) JOSEPH SHAGBAOR IKYEGH JCA
Core Terms Beta
jurisdiction
court
appellant
respondent
occupancy fees
statement of claim
reasonable cause of action
federal high court
constitution of the federal republic of nigeria
cross-appellant
part iii of the schedule
appellant’s case
high court
lower court
high court of ogun state
lead judgment
paragraph
physical occupation
provisions of the land use act
rural areas
administrative jurisdiction of the plaintiff
allied matters act
learned trial judge
local government council
notice of appeal
ogun state governments
respect of the land
statement of defence
such occupation
urban rural area parcel of land
writ of summons
aforesaid land
brief facts of the case
constitution of the a federal republic of nigeria
constitution of the federalrepublic of nigeria
fasanmi jca
following issues
fundamental nature
learned appellant’s counsel
learned jurist
opposite tropicalpaints company
order of court
paragraph f
paragraphs b-c
reason of the particular subject matter
respect of collection of rates
respect of their occupation of the land
rules of this court
ruling of an ogun state high court of justice
view of the provision of section

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the ruling of an Ogun State High Court of justice delivered on 12 April 2006 wherein the court declined jurisdiction to hear the suit in respect of collection of rates and occupancy fees by the appellant against the respondent. Dissatisfied with the ruling, appellant filed a notice of appeal dated 17 May 2006.

The brief facts of the case are that appellant in its writ of summons and paragraph 12 of the statement of claim claimed against the respondent as follows:

Declaration:

That defendant is in physical occupation of the non- urban rural area parcel of land measuring approximately 50 acres situate, lying and being in the vicinity of and opposite TropicalPaints Company, along Iperu/Sagamu Road, Iperu and have been in such occupation prior to 30 September 1998.

That the land referred to in (a) above is within the territorial and administrative jurisdiction of the plaintiff.

That pursuant to sections 1 and 2 of the Ta…

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