CORAM

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AGBAJE JUSTICE, SUPREME COURT

NNAMANI JUSTICE, SUPREME COURT

ESO JUSTICE, SUPREME COURT

UWAIS JUSTICE, SUPREME COURT

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PARTIES

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LATIFU SALAMI

APPELLANTS 

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CHAIRMAN L. E.D.B. & 3 ORS.

RESPONDENTS 

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AREA(S) OF LAW

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COMPULSORY ACQUISITION OF LAND- JURISDICTION-INTERPRETATION OF STATUTE

 

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SUMMARY OF FACTS

The plaintiff instituted action against the defendants challenging the validity of the compulsory acquisition of his land.

 

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HELD

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The court held that the High Court and not the Lands Tribunal had jurisdiction.

 

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ISSUES

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1.  Whether the High Court of Lagos State has jurisdiction to hear this case by virtue of sections 13, 18 and 23 of the Public Lands Acquisition (Miscellaneous Provisions) Decree 1976 No.33 the land having been compulsorily acquired.

2. Whether or not the learned trial Judge failed to give effect to section 236(1) of the Constitution of the Federal Republic of Nigeria.

3. Whether or not appropriate notices of acquisition were brought to the notice of the appellant.

 

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RATIONES DECIDENDI

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JURISDICTION OF THE LANDS TRIBUNAL

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The jurisdiction conferred on lands tribunal is to hear and determine a dispute arising from a claim for compensation, for land compulsorily acquired under the Public Lands Acquisition Act or State Lands Act or any other enactment or law – Obaseki  J.S.C

 

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CASES CITED

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Awolowo v. Shagari (1979) 6-9 S.C. 51; (1979) N.S.C.C. 87;

Attorney General, Bendel State v. Attorney General of the Federation and22 Others (1982) 3 N.C.L.R. 1; (1981) 10 S.C.1; (1981) N.S.C.C. 314. –

General, Bendel State v. Aideyan 4 N.W.L.R. (Pt. 118) 646

Albon v. Pyke (1842) 11 M & G. 421,424

 

 

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STATUTES REFERRED TO

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The Public Lands Acquisition (Miscellaneous Provisions) Decree 1976 No. 33

 

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