(2004) JELR 45006 (CA)    

Court of Appeal  ·  CA/L/452/99 ·  14 Dec 2004 ·  Nigeria
Other Citations
L.S.D.P.C. v. Adeyemi-Bero (2005) 8 NWLR (Pt.927)330
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
forfeiture of assets
suit no. m
federal military government
learned trial judge
supreme court
order of perpetual injunction
senior counsel
federal government
first defendant
high court of lagos state
judgment of ilori
lagos state government
chief j.o. adeyemi-bero
judgment of a court
lower court
release of certain properties
virtue of decree no.
earlier decision
forfeited property
lagos state notices no.9
rendered null
trial court
attorney-general of lagos state
block b eko court complex
case of tukur v
chief j. o. bero
court of appeal rules
determination of certain interest
effect of decree no.21
following reliefs
general principle of law
honourable justice s.o. ilori
judgment of a court of coordinate jurisdiction
lagos judicial division
leading judgment
military administrator
notice of appeal
promulgation of decree
provisions of court of appeal rules
provisions of decree no.
provisions of order
pursuance of section
said judgment
set aside ex debito justiciae
subject matter
such jurisdiction
words of karibi

SALAMI, J.C.A. (Delivering the Leading Judgment): In the High Court of Lagos State, in the Lagos Judicial Division, sitting at Lagos, the plaintiff by an action commenced by originating summons which was subsequently amended sought the following reliefs:

"1. A declaration that under and by virtue of Decree No. 21 of 1996 the judgment delivered by His Lordship, Honourable Justice S.O. Ilori in suit No. M/415/95 between Chief J.O. Adeyemi-Bero and the Military Administrator and 2 Ors. in which judgment the court transferred interest in the properties to Chief J. O. Bero, is null and void and of no effect whatsoever.

2. A declaration that under and by virtue of Decree No. 21 of 1996, the provisions of Decree No. 54 of 1994 are longer applicable to the properties known as:

(a) Plot 177 Victoria Island, Lagos (also known as Block B Eko Court Complex).

(b) No. 25 Cooper Road, Ikoyi (both hereinafter referred to as "the properties" and that the ownership status of the properties remains a…

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