(1997) JELR 45404 (SC)    

Supreme Court  ·  SC.63/1991 ·  31 Jan 1997 ·  Nigeria
Other Citations
Nwosu v. Offor (1997) 2 NWLR (Pt.487)
Nwosu v. Offor (1997) 2 NWLR (Pt. 487) 274
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
grounds of appeal
court of appeal
amended statement of claim
high court
final decisions
interlocutory appeal
learned chief judge
learned trial judge
locus standi
operation of law
title of late r.o. offor
brother ogwuegbu
certificate of occupancy
learned counsel
leave of the court
merits of the whole case
administrator of the estate of r.o. offor
alleged fraud
court of appeal decree
determination of the matter
e. o. ogwuegbu
fact of sale of the property
following cases
following grounds
grant of letters of administration
grounds of appeal deals
high court of justice
joint statement of defence
land tenure
leading judgment
local authority
local authority-right of occupancy
m. l. uwais
mr. offor
oral arguments
plaintiffs action
plaintiffs claim
plateau state
revocation of the certificate of occupancy
ruling of a court
said premises
said property
threshold issue of locus standi
trial court

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiff filed an action in the High Court of Justice. Plateau State holden at Jos claiming the following: reliefs from the defendants jointly and severally:

"(a) A declaration that the defendants are not entitled to enter or remain in or use the said premises.

(b) An order setting aside the Certificate of Occupancy covering the premises fraudulently procured by the defendants.

(c) Possession of the said premise:--.

(d) (i) Damages or mesne profits of N 1.000.000 at the rate of N4,000 per annum from 1st January, 1962 until possession is delivered up.

(ii) General damages.

(e) An injunction.

After filing their joint statement of defence, the defendants moved the court to dismiss the plaintiffs claim on the following grounds:-

"(a) The Certificate of Occupancy or title which Mr. Offor (deceased) had in No. 24 Wilberforce Avenue (now No. 24 Zik Avenue) Jos determined, after nine month immediately following Offor's death.


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