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CaseLaw

Ononuju V. AG Anambra State (2009) CLR 5(b) (SC)

Judgement delivered on May 8th 2009

Brief

  • Ground of Law, Fact or mixed law and fact
  • Improper acquisition of land for public purpose
  • Rights of holder or occupier of land in non urban area
  • Revocation of right of occupancy

Facts

In the High Court of Anambra State, Nnewi Judicial Division, the Plaintiffs who are now the Appellants claimed five declarations, damages for trespass and injunction to restrain the Defendants/Respondents by themselves, their agents or privies from entering the land and doing anything inconsistent with the Plaintiffs' right of customary possession and user of the said Akaho Umuohi land.

Pleadings were filed and exchanged by the parties. Both parties called evidence at the trial, to prove the respective averments contained in their different pleadings. After taking the final addresses of the Counsel appearing for the parties, in a reserved judgment delivered on the 24th October 1994, the trial Judge dismissed the Plaintiffs' claims in toto.

Being dissatisfied with the said judgment, the Plaintiffs appealed to the Court of Appeal. The Court of Appeal, by a minority judgment dismissed the appeal of the Plaintiffs/Appellants with costs.

Still dissatisfied the Plaintiffs Appellants further appealed to the Supreme Court. The Respondents also cross-appealed lo the Supreme Court.

Issues

  • 1
    Whether the acquisition of the 15,025 hectares granted to the 3rd...
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