(2018) JELR 38949 (CA)    

Court of Appeal  ·  CA/OW/133/2013 ·  11 May 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
public purpose
abia state
learned counsel
then government of imo state
imo state government
senior counsel
learned trial judge
weight of evidence
decision of the lower court
mr. chijioke okenwa ogbonna
private purpose
said property
31st day of july
instant case
order of perpetual injunction
parcel of land
statutory right of occupancy
abia state land registry umuahia
declaration of the honourable court
native court
proper acquisition of the appellants land
said mr. chijioke
above quoted piece of evidence
acquisition of this land
appellants counsel
appellants counter claim
brief facts of the case
compulsory acquisition of their land
conduct of an extensive analysis of the evidence
construction of a low cost housing estate
decision of high court of abia state
documentary evidence
end of the trial
exhibit f.
grant of the following reliefs
leading judgment
ogbogoro land
part of the acquired land
respect of an appeal
respondents community
said issues
statement of claim
statutory right of occupancy of the land
uzuakoli government residential layout
west africa court of appeal

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This judgment is in respect of an appeal against the decision of High Court of Abia State sitting at Uzuakoli (hereinafter referred to as the lower Court), delivered on the 31st day of July, 2012 by Hon. Justice J. E. Adiele, J., in Suit No. HUZ/2/2009.

The instant case was commenced by the plaintiff/respondent (hereinafter referred to as the respondent). Therein, the respondent by her statement of claim sought for the grant of the following reliefs:

(a) A declaration of the honourable Court that the plaintiff is entitled to the statutory right of occupancy in and over the parcel of land municipally known as, and called Plot 33 in Government Survey Plan No. UZ25 of Abia State situate, being, lying at Uzuakoli Government Station Residential Layout subject matter of the Power of Attorney registered as No. 28 at page 28 volume 926 at the Abia State Land Registry Umuahia.

(b) The sum of (One Million Naira) N1,000,00.00 bei…

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