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OJIEGO & ORS
V.
HASSAN & ORS

(2021) JELR 109379 (CA)

Court of Appeal 10 Dec 2021 Nigeria
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- The Court of Appeal set aside the trial court judgment and held that the Borno State Governor’s revocation of the appellants’ certificate of occupancy (C of O No. BO/2381) was invalid for failure to strictly comply with statutory requirem

Case Details

Suit Number:CA/G/432/2019
Judges:Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA
Counsel:A.A. Isaq, with him, M.S. Umar, Esq. For the Appellants; Sule Yusuf, with him, I.T. Monguno, Esq. For the Respondents.

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Borno State, Maiduguri Judicial Division in Suit No. BOHC/MG/CV/52/2017 delivered on 25/1/2019 by Hon. Justice A. Z Mussa. The Appellants as Claimants in the lower Court instituted an action against the Respondents, the Defendants laying claim to the ownership/possession of a plot of land situate at Damboa Road, G.R.A extension covered by statutory certificate of occupancy number BO/2381 to the exclusion of the Defendants. There are other reliefs sought by the Appellants. The Respondents on the other hand denied the claim of the Appellants, by stating that the Borno State Government revoked underdeveloped plots of land which included the land in dispute. Following the revocation, the land in dispute was reallocated to the 1st Respondent. This reallocated land is what the Appellants claimed to be their land. The Appellants challenge the revocation as it did not compl…

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