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PODO
V.
GOMBE STATE GOVT. & ORS

(2016) JELR 41037 (CA)

Court of Appeal 20 May 2016 Nigeria
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- The appellant (plaintiff) challenged the allocation of House No. 44, J. I. Orji Housing Estate, Gombe, by the Gombe State Government to the 5th defendant on grounds that he, as a civil servant and occupier, was entitled to its ownership u

Case Details

Suit Number:CA/J/231/2014
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria
Counsel:I. Yohanna with him, B. R. Esthorn and M. N. Wayeth For Appellant Musa Saidu, Esq. (Director Civil Litigation, Ministry of Justice Gombe State) For Respondent

SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment): This appeal brings to the fore the question of the relevance of the Public Officers (Protection) Law in an action commenced against certain persons or bodies in relation to a house or property being the subject-matter of claim. The Appellant as the Plaintiff at the High Court of Gombe State caused a Writ of Summons (as amended) to issue at the said Court against the respondents as defendants vide Suit. No. GM/136/2011 wherein he claimed all the reliefs at Paragraph 20 (a) (e) of the Amended Statement of Claim to wit:-

20. WHEREOF the plaintiff is aggrieved and claim against the defendants jointly and severally as follows:-

(a). A declaration that the purported sale/allocation of house number 44, J. I. Orji Housing Estate Gombe to the 5th defendant by the 3rd and 4th defendants on the basis of the owner occupier policy while the 5th defendant was not occupying the premises and was equally not a Civil Servant as against the pl…

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