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UNIVERSITY OF BENIN
V.
EFIONAYI & ORS.

(2012) JELR 34899 (CA)

Court of Appeal 14 Mar 2012 Nigeria
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Case Details

Suit Number:CA/B/132/2002
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Counsel:I. Osifo For Appellant Solomon Asemota SAN with him Mrs. O. A. Osayande For Respondent

CHIOMA EGUNDE NWOSU-IHEME, J.C.A. (Delivering the Lead Ruling): The Appellant/Respondent was the Defendant at the lower court in a Suit brought by the Respondents/Applicants in which in their amended Writ of Summons the Respondents/Applicants claimed the following reliefs:-

"CLAIM

WHEREFORE plaintiffs' claim against the defendant as follows:-

(1) A declaration that the purported acquisition of all that plaintiff's parcel of land made up of 256.511 hectares sometime in 1971 by the defunct Midwest State Government for the use of the defendant is unconstitutional null and void and of no effect whatever in so far as notice of the purported required by Section 5 of the Public Lands Acquisitions Law Cap 105 Laws of Western Nigeria 1959 then Application in Midwestern Nigeria.

(2) An order of this Honourable Court setting aside the said acquisition.

(3) The sum of N10,000.000.00 being damages for trespass and illegal occupation of the land by the defendant.

(4) Perpetual injunction restrainin…

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