Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44337 (SC)    

Supreme Court  ·  SC.163/1997 ·  14 Dec 2001 ·  Nigeria
Other Citations
Nigeria Engineering Works Ltd. v. Denap Ltd. (2001) NWLR (Pt. 746)726 (2001) 12 SC PT II 136
Nigeria Engineering Works Ltd. v. Denap Ltd. (2001) 18 NWLR (Pt. 746) 726
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
land use act
court of appeal
1st respondent
attorney-general of rivers state
right of occupancy
military governor
federal military government
certificate of occupancy
statutory right of occupancy
enforcement of powers
proper party
learned counsel
governor of rivers state
provisions of section
rivers state government
trans-amadi industrial layout
certificate of occupancy no.
joinder of the military governor of rivers state
land use act cap
act of national assembly
act of revocation of plaintiff
general damages
government notice no.
grounds of appeal
judgment of the rivers state high court
lands registry
land use decree
official gazette of rivers state of nigeria
operation of law
purported revocation of the plaintiff
antecedents of the whole case
civil matters
decision of the court of appeal port harcourt
e federal military government
facts of the case
first suit no. phc
following issues
had jurisdiction
hearing of this case
high court port harcourt
hon. attorney-general of rivers state
learned trial judge tabai
lower courts
military governor of the rivers state
parcel of land
provisions of the land use act cap
respect of the land
said certificate of occupancy

KALGO, JSC (Delivering the Leading Judgment): This appeal is from the decision of the Court of Appeal Port Harcourt, delivered on 17th July, 1997. Originally, there were two separate suits filed in the High Court Port Harcourt which were later consolidated into one. In the first Suit No. PHC/121/86, the 1st respondent as plaintiff claimed against the appellant for:

(1) "A declaration of the plaintiff's statutory right of occupancy to the piece or parcel of land lying and situate at Trans-Amadi Industrial Layout 1, Port Harcourt, and known as plot 51B Trans-Amadi Industrial Layout 1, Port Harcourt.

(2) ₦100,000.00 (one hundred thousand Naira) being general damages for trespass.

(3) A perpetual injunction restraining the defendant by itself, its servants, agents or otherwise howsoever from entering the plaintiff's said property or ever interfering with the plaintiff in its possession, occupation, use and enjoyment of its said property"

The 1st respondent as plaintiff then filed a state…

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