A Benin High Court, led by Honourable Justice Peter Akhihiero, has annulled the Edo State government’s revocation of the Certificate of Occupancy for land parcels at Amagba Village in the Oredo Local Government Area, owned by Pastor Osagie Ize-Iyamu.
Court documents obtained by PUNCH Online on Friday reveal that the nullification order was issued on Monday, September 23. The ruling came in response to Suit No: B/637/2021, filed by Ize-Iyamu and I.O. Farms Limited, which contested the state government’s revocation of Ize-Iyamu’s rights to the land located in Ward 36/A, Amagba Village, Benin City.
In addition to nullifying the revocation, the court awarded the Claimant N5 million in general damages, concluding that the Governor of Edo State, the Attorney General, and the Edo State Geographic Information Service—identified as the 1st, 2nd, and 3rd Defendants—had committed trespass on Ize-Iyamu’s land on July 7, 2021.
The court also issued a perpetual injunction prohibiting the Defendants, their servants, agents, or anyone acting on their behalf, from encroaching upon or conducting any activities on the Claimant’s land that would infringe upon Ize-Iyamu’s rights.
The Edo State Government revoked Ize-Iyamu’s Certificate of Occupancy for his land in Ward 36/A, Amagba Village, on Wednesday, July 7, 2021, with the revocation announcement appearing in the Vanguard newspaper on the same day.
Unhappy with this decision, the Claimant initiated Suit No: B/637/2021, naming the Governor, the Attorney General, and the Edo State Geographic Information Service as defendants. The Claimant contended that the revocation violated the Land Use Act, specifically breaching Section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004, rendering it unconstitutional and therefore null and void.
After considering written submissions from E.E. Akhimie representing the Defendants and K.O. Obamogie for the Claimants, the presiding judge identified two key issues for determination.
Court Rules in Favor of Ize-Iyamu, Annuls Land Revocation by Edo Government
Byshoutouttvblog
Sep 28, 2024
By shoutouttvblog
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