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YAHUZA & ORS
V.
AGU & ORS

(2017) JELR 37210 (CA)

Court of Appeal 24 May 2017 Nigeria
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- This is an appeal against a ruling of the Federal High Court in which an order of Mandamus was granted against the Appellants, compelling them to reverse the sale of certain plots of land. - The plots of land in question are owned by the

Case Details

Suit Number:CA/MK/5A/2014
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:John Ochogwu, Esq. For Appellant Mrs. E. N. Agwa, holding the brief of Aker Akoo, Esq. of Counsel for the 1st and 2nd RespondentsJ. I. Atime, Esq.-3rd, 4th and 5th RespondentsMrs. Funke Onakoya-6th Respondent For Respondent

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court sitting at Makurdi, Benue State in Suit No FHC/MKD/CS/43/2010, delivered on June 30, 2011 in which the lower Court granted an order of Mandamus against the Appellants, compelling them to reverse the sale of Plots No. 1 and 3 of the Federal High Way Quarters, Gboko Road, Makurdi, Benue State.

The facts leading to this appeal as disclosed by the Appellants are as follows: The Federal Government is the beneficial owner of Plots No. 1 and 3 situate at Federal Highway Quarters, Gboko Road, Makurdi, Benue State. The plots are located within the perimeter fence of the 4th Respondent. By a public notice published in the Daily Trust Newspaper of March 10, 2008, the Federal Government issued guidelines for the leasehold/sale of Federal Government landed properties in the Federal Capital Territory, Abuja, to public servants and the general public. One of the provisions of …

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