CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
ATANDA FATAI-WILLIAMS , JUSTICE, SUPREME COURT
O. OLATAWURA
PARTIES
J.B. ATUNRASE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Federal Commissioner for Works and Housing took out an originating summons in the High Court of Lagos State for the determination of the following questions:- The Person or persons entitled to the Land situate at Yaba East, Lagos Mainland and described in the Government Notices Nos. 2444 and 131 dated 22nd December, 1962 and 10th January, 1964 respectively, copies whereof are attached hereto, and the amount of compensation payable therefor.
HELD
That the issuing of the public notice of acquisition does not immediately vest the title to the land in the Government
ISSUES
Whether the learned trial Judge wrong in failing to observe that until the issue of a Certificate of Title to the Government the legal estate (or alternatively an estate in equity) remains vested in the true owner of any land compulsorily acquired.
RATIONES DECIDENDI
ACQUISITION OF LAND BY GOVERNMENT
The issuing of the public notice of acquisition does not immediately vest the title to the land in the Government, but may be acquired only after satisfying the provisions of the Public Lands Acquisition Act which requires that a Land Certificate should be obtained as proof of title.-Per Taslim O. Elias, JSC
CASES CITED
Chairman, L. E. D.B v. Adesina (1969) All NLR (Part I) 118, at p.122
STATUTES REFERRED TO
None