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ODIBA & ANOR.
V.
MUEMUE

(1999) JELR 43524 (SC)

Supreme Court 18 Jun 1999 Nigeria
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Case Details

Suit Number:SC.8/93
Judges:ADOLPHUS GODWIN KARIBI-WHYTE 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 SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:O. P. Ulegede, Assistant Director, Public Prosecutions, Ministry of Justice Benue State (with him, M. I. Agber) For Appellant Respondent absent and unrepresented For Respondent
Other Citations:Odiba v. Muemue (1999) 10 NWLR (Pt.622)174 (1999) 6 S.C (Pt I) 157

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The respondent was the plaintiff before the Benue High Court. He was the owner of a piece of land covered by Certificate of Occupancy No. BP 1503. The land is situate along J.S. Tarka Way, Gboko. The respondent built a single storey house on the land. He later constructed an extension to the building.

In November, 1984, the Task Force on Environmental Sanitation for Gboko Local Government Area observed that some buildings in Gboko Town had encroached on the streets and sanitary lanes. The Task Force decided to demolish the buildings. The house of the respondent was one of the buildings earmarked for demolition. The respondent received a letter dated 15th November, 1984, from the Task Force notifying him that his house was earmarked for demolition.

On receiving the letter, the respondent went to the High Court. Gboko and filed a suit against the Task Force. He applied also for an injunction to restrain the Task Force from demolish…

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