OKAFOR
V.
A.G. ANAMBRA STATE

(2000) JELR 60025 (CA)    
Court of Appeal  ·  11 May 2000 ·  Nigeria
 · 
Other Citations
Okafor v. A.-G., Anambra State (2000) 11 NWLR (Pt. 679) 479
CORAM
MUSA DATTIJO MUHAMMED, JCA JOHN AFOLABI FABIYI, JCA SULE AREMU OLAGUNJU, JCA
Core Terms Beta
action
appellants
3rd respondent
2nd respondents
sub-section
state proceedings law
actions law
learned trial judge
respondents
anambra state government
appellants’ claims
land use act
statement of claim
1st respondent
limitation period
3rd defendant
laws of anambra state
public purpose
2nd defendants
cause of action
brief of argument
civil procedure
laws of the federation
state government
statutory rights of occupancy
sub-sections
torts law
virtue of sub-section
1st defendant
abuse of court process
acquisition of the land
anambra state government’s compulsory revocation
area of land part
arguments of the learned counsel
competence of the action
customary right of occupancy
defendants’ acts
facts of the case
grant of certificates of occupancy
having element
military governor
nature of action
notice of revocation of right
order setting aside certificates of occupancy
pleading raise
property rights
provisions of the land use act
state gazette
substantial point of law
way of preliminary objection


SULE AREMU OLAGUNJU, J.C.A (Delivering the Leading Judgment): The appeal is against the decision of the Nnewi Judicial Division of the Anambra State High Court dismissing the action of the eleven appellants who jointly were the plaintiffs at the court below against the three respondents herein.

The facts of the case are straightforward. It is common ground that in 1989 the Anambra State Government acting under the Land Use Act, 1978, published in the State Gazette as ASN. No. 172 of 1989 Notice of Revocation of right of occupancy over an area of land part of which the appellants later claimed as belonging to them and which they claimed to have prior to the acquisition, occupied under the customary right of occupancy. According to the appellants between 1989 when their rights were revoked and 1997 they made jointly and individually, several representations to the State Government protesting the acquisition of the land belonging to them with inconclusive result. However, on 28/4/97 the a…

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