(2018) JELR 39049 (CA)    

Court of Appeal  ·  CA/MK/77/2016 ·  23 May 2018 ·  Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
urban area
designation of urban areas
urban areas
local government
land use
appropriate survey
land use act
benue state government
disputed land
trial court
urbanization law
benue state
better title
local government certificate of occupancy
physical limit
designation of urban area
evidence of pw1
right of occupancy
declaration of title
favour of the respondent
learned trial judge
provisions of section
virtue of the land use
additional issue
benue state gazette
benue state legal notice no.
otukpo town
state government
supreme court
benue state gazette no.
briefs of argument
cap l5 laws of the federation
case of salati v
claim of ownership of the disputed land
complete agreement
decision of the high court of benue state
decision of the trial court
exclusive control of the state
leading judgment
lower court
oral evidence of pw1
part of the designated areas
physical areas of the designated urban area
production of title documents
said law
status of an urban area
such designation
such law
time of its issuance

ONYEKACHI AJA OTISI, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the decision of the High Court of Benue State sitting at Otukpo, Coram M.A. Abounu, J., delivered on November 5, 2015 in favour of the Respondent.

The facts leading to this appeal, in summary, are as follows: The Appellant as plaintiff instituted an action in the lower Court seeking declaration of title to land situate at G.R.A., Otukpo in Benue State. The Appellant relied on production of title documents including a Right of Occupancy (Exhibit 1) issued by the Benue State Government in 2006 while the Respondent relied on the Local Government Certificate of Occupancy (Exhibit 6) issued in 1982. The Appellant had contended that as at the year 1982, when the said Local Government Certificate of Occupancy, Exhibit 6, was issued, Otukpo town had acquired the status of an urban area by virtue of the Land Use (Designation of Urban Areas) Order 1978, which was published in the Benue State Gazette as Benue …

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