CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
MADARIKAN, JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
ABUDU WAHABI AWOYO (IMAM) NURU-DEEN SANNI SUNMOLA BURAIMOH OJOYO M.B. FOLAWIYOCHIEF A.Y. OJIKUTU S.A. BISHI (as members of the Management Committee of the Opere Mosque, Lagos APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In exercise of its powers under the Lagos Town Planning act, the Lagos Executive Development Board acquired the landed property popularly called Opere mosque and asked the owners to come forward and claim compensation. As a result of this, two sets of claimants emerged. The first set initially claimed as an individual but later, five other members of the opera family were joined as representatives of each section of Disu Bakare opera family. The trial judge held that the person entitled to the compensation payable on the Mosque known as Opere Mosque are the 1st set of claimants. This decision gave rise to the appeal by the second set of claimants, that is, the members of the Management Committee of the Opere Mosque in the Supreme Court.
HELD
The appeal was allowed and the judgment of the High Court was set aside.
ISSUES
That the learned trial Judge erred by declaring the 1st set of claimants as the right persons to receive the compensation and that his clients should have been declared as the right persons to receive the compensation if it were to be paid in cash but there was an agreement for the Board to build a new mosque.
RATIONES DECIDENDI
DISPUTE ON COMPENSATION FOR ACQUISITION OF LAND
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CASES CITED
None.
STATUTES REFERRED TO
None.