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OLAGUNJU, JCA (Delivering the Lead Judgment) The appeal is against the decision of the Nnewi Judicial Division of the Anambra State High Court, dismissing the action of the eleven appellants, who jointly were the plaintiffS at the court below against the three respondents herein. The facts of the case are straightforward. It is common ground that in 1989, the Anambra State Government, acting under the Land Use Act, 1978, published in the State Gazette as ASN. No. 172 of 1989 Notice of Revocation of right of occupancy over an area of land, part of which the appellants later claimed as belonging to them and which they claimed to have, prior to the acquisiting, occupied under the customary right of occupancy. According to the appellants, between 1989 when their rights were revoked and 1997, they made jointly and individually, several representations to the State Government, protesting the acquisition of the land belonging to them with inconclusive result. However, on 28/4/97, the appellants took out the writ of summons to begin the action on appeal and in paragraph 15 of their statement of claim asked for the following seven reliefs: “(a) Declaration of plaintiffs’ entitlement under the provisions of the Land Use Act, Cap. 202, Laws of the Federation, 1990 to statutory rights of occupancy to the piece/parcels of land originally known as and called “Okpukpuite” family lands of N250.00 Annual value, situate and lying at Ndiakwu Otolo, Nnewi, which were compulsorily acquired by the Anambra State Government for a well defined public purpose of establishing a Government Residential Area to be integrated with developments already thereon, but which public purpose by the defendants’ acts and events has been abandoned by the said Government. The said Okpukpuite family lands together with all the features thereon are more particularly shown on Survey Plan No. AGU/AND. 08/97 dated 15/9/97 prepared by Surveyor Ileagu and filed with this statement of claim.
Declaration that under the provisions of the 1979 Constitution of the Federal Republic of Nigeria, the plaintiffs are entitled to property rights, that is to say, deemed rights of occupancy over the pieces/parcels of land comprised in the land in dispute in this action. Declaration that by its allocation of parts of the land in dispute and grant of certificates of occupancy thereto private industrial entrepreneurs for development of industrial establishments and such like user, the 1st and 2nd defendants have not only abandoned the public purpose for which the land in dispute was compulsorily acquired but also by that same act have trampled the fundamental rights of the plaintiffs as original landowners.
