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NKWOCHA
V.
GOVERNOR OF ANAMBRA STATE & ORS

(1984) JELR 43602 (SC)

Supreme Court 28 Jun 1984 Nigeria
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- The Supreme Court held that, by virtue of section 276 of the 1979 Constitution, the executive Governor of a State is the proper authority to exercise the powers and functions formerly vested in the Military Governor under the Land Use Act

Case Details

Suit Number:SC.53/1983
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams, SAN. (with him Chief J.O.A. Awopeju, L. Williams, C. Iyizoba (Mrs), S.B. Johnson,A.O.A. Awopeju and E.O. Sofunde For Appellant Mr J.S.C. Njelita, Legal Adviser, Anambra State with him D.O. Okolo, Principal State Counsel For Respondent
Other Citations:(1984) All N.L.R 324 (1984) SC 542

ESO JSC (Delivering the Leading Judgment): In the High Court of Justice, Anambra State, holding at Enugu, the plaintiff in this case instituted an action against the defendants wherein his claim is as follows:

"1. A declaration that section 28 of the Land Use Decree does not apply to the plaintiff's deed of assignment of Plots No. M-17 and No. 09 Independence Layout Enugu registered as No. AO at Page 40 in Volume 1043 Lands Registry at Enugu or leasehold interests in the said plots.

2. A declaration that the defendants have no right or power or competence to revoke the leasehold interests of the plaintiff in the said plots for the purposes specified in the Revocation Notices dated 16th February, 1981 (Ref. No. LEN: 3007/215 and that the said leasehold interests are still subsisting."

The case went to trial and, at the address stage, Chief F. R. A. Williams (SAN) learned counsel for the plaintiff, submitted that in the light of the pleadings, there had arisen substantial questions of…

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