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JACK
V.
A-G & COMMISSIONER FOR JUSTICE, RIVERS STATE & ORS

(2013) JELR 35278 (CA)

Court of Appeal 25 Oct 2013 Nigeria
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- The 4th Respondent (Plaintiff) instituted Suit No. PHC/481/93 in 1993 at the Rivers State High Court seeking declarations as to statutory right of occupancy, nullification of the Rivers State Government’s acquisition and sale of Plot 102

Case Details

Suit Number:CA/PH/287/2005
Judges:MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Counsel:G. O. Uwalaka Esq. for Appellant in CA/PH/287/2005 and 2nd Respondent in CA/PH/287A/2005. For Appellant O. Gbasam, Esq. Senior State Counsel, Ministry of Justice Rivers State for 1st - 3rd Respondents in both appeals.A. R. George, Esq. with N. Erema Esq. for 4th Respondent in CA/PH/287/2005 and 1st Respondent in CA/PH/287A/2005. For Respondent

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 14th December, 2004 A.C. WORYI, J of the Rivers State High Court delivered judgment in the suit of the 4th Respondent no PHC/481/93. The judgment has incited the filing of the appeals nos CA/PH/287/2005 and CA/PH/287A/2005. Both appeals have been consolidated on the orders of this Court for hearing for purposes of convenience. The action of the 4th Respondent was instituted on 15th July, 1993 against the present 1st - 3rd Respondent and the present Appellant (in CA/PH/287/2005) as defendants. The 4 reliefs claimed are as follows -

(i) A declaration that the Plaintiff is entitled to the Statutory Right of Occupancy in respect of the piece of land known as plot 102 Diobu GRA Phase 1, Port Harcourt.

(ii) A declaration that the purported acquisition of plot 102 Diobu GRA Phase I by the Rivers State Government is unconstitutional, null and void and of no effect whatsoever.

(iii) A declaration that the purported sale of the said plot…

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