ONONUJU
V.
ATTORNEY-GENERAL, ANAMBRA STATE

(2009) JELR 57841 (SC)    

Supreme Court  ·  SC.29/2000 ·  8 May 2009 ·  Nigeria
CORAM
ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) ALOMA MARIAM MUKHTAR JSC WALTER SAMUEL NKANU ONNOGHEN JSC PIUS OLAYIWOLA ADEREMI JSC (Read the Lead Judgment) CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC
Core Terms Beta
land
3rd respondent
appeal
3rd defendant
land use act
federal government
2nd respondents
certificate of occupancy
notice of revocation
anambra state
grounds of appeal
plaintiffs’ land
anambra state government
customary right of occupancy
statement of claim
low cost houses
appeal of the plaintiffs
decision of the trial court
judgment of the trial court
local government authority
public purposes
said land
2nd defendantis
constitutional rights of the plaintiffs
contravention of the law
cross-respondents
high court of justice
lands
lead judgment
majority judgment of the court of appeal
plaintiffs of their title
private purpose
purported acquisition of the plaintiffs
concurrent findings of facts
cross-appealof the1st
effect of a grant of certificate
failure of the object of public purpose
final addresses of the counsel
following terms
issue of proof of title
notice of cross-appeal
plaintiffs’ case
respective briefs of arguments
respect of the said land
revocation of the rights of occupancy
said certificate
subject’s land
thenotice of preliminary objection
way of a notice of appeal
way of a notice of cross-appeal

ADEREMI JSC (Delivering the Lead Judgment): This is an appeal against the majority judgment of the Court of Appeal, Enugu Division

(hereinafter referred to as the court below) coram Thompson Akpabio JCA of blessed memory and Niki Tobi JCA (as he then was), delivered on 13

July 1998, dismissing the appeal of the plaintiffs who were the appellants before the court below thus upholding the judgment of the trial court which had dismissed the plaintiffs’ case on 24 October 1994.

The appellants in this appeal were the plaintiffs in suit No. HN/53/ 90; (1) Eng. Samuel Ononuju and (2) Frederick Azubuine (representing Ndumanya Family of Umuohi, Okija) asplaintiffs and (1) Attorney-General, Anambra State, (2) Commissioner for Works, Lands and Transport, Anambra State and (3) Chief Emmanuel Eze Onwuka, as defendants. The plaintiffs had before the High Court of Justice, Anambra State sitting at Nnewi Judicial

Division, taken action against the defendants, claiming against them jointly and severally…

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