(2007) JELR 44391 (CA)    

Court of Appeal  ·  CA/L/418/04 ·  4 Jun 2007 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court
federal supreme court
subject matter
trial court
lead judgment
constitution of the federal republic of nigeria
learned trial judge
ex parte sidebotham
local government area of lagos state
lower court
order of perpetual injunction
respect of the said piece of land
said parcel of land
statutory right of occupancy
akinbiyi v adelabu
breath of the proceedings
case of akinbiyi v adelabu
case of civil proceedings
circumstances of this appeal
claims of the respondent
court of appeal rules
decisions of the federal high court
documentary evidence
exercise jurisdiction
federal low cost housing
federal low cost housing scheme
federal ministry of works
following findings
following issues
grounds of appeal
hectare of land surface
interested persons
issue of statutory right of occupancy
jurisdiction of the trial court
lagos state
lagos state high court
leave of the federal high court
leave of the trial court pursuance of section
notice of appeal
order of the learned trial chief judge
r v rowe
s.236 subject
second issue
substantive case
trial judge
virtue of the provisions of section

ISA AYO SALAMI, J.C.A (Delivering the Lead Judgment): In the High Court or Lagos State, in the Ikeja Judicial Division, the Hausa Community Development Association, in representative capacity, brought an action against the Federal Ministry of Works and Housing as well as the Attorney General of the Federation claiming as follows:

"... A Declaration that the plaintiffs are entitled to the statutory right of occupancy in and over the land measuring 135.162 hectare of land surface, lying and being at phase 11, Federal Low Cost Housing Scheme, Abule Egba, Agege in Alimosho Local Government Area of Lagos State, which is more particularly described and delineated on Survey Plan No ASC/LA/149/93.

2. An order directing the Defendants to issue a certificate of occupancy to the Plaintiffs in respect of the said piece of land.

3. An order of perpetual injunction restraining the Defendants by themselves, their servants, workmen, privies or agents howsoever from disturbing or otherwise interfering…

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