CORAM

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UDO UDOMA, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

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PARTIES

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LION BUILDINGS LIMITED APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The plaintiffs claim was for a declaration of title to a piece of land and injunction against the defendant restraining them for further trespass. Defendant argued that the land was subject of acquisition by the Lagos State Government thereby depriving the plaintiff of ownership of it if any.

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HELD

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The court held that by virtue of Section 25 of the Lagos State Public Lands Acquisition Law, the property in the lands sought to be compulsorily acquired does not pass to the state and that the plaintiff was entitled to the relief sought.

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ISSUES

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None.

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RATIONES DECIDENDI

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COMPULSORY ACQUISITION BY THE STATE

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until the stage contemplated by Section 25 of the Lagos State Public Lands Acquisition Law is reached, the property in the lands sought to be compulsorily acquired does not pass to the state; and there can therefore be no question of the lands sought to be acquired being automatically vested in the state by reason only of the service and publication of Notice of Acquisition. Per SIR UDO UDOMA, JSC.

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CASES CITED

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J.B. Atunrase and 9 Others v. Federal Commissioner for Works and Housing (1975) 6 S.C. 1

Esin v. Abasi and Others, (1963) 1 All N.L.R. 407

Alhaji Nurudeen Akinola Lawal v. National Electric Power Authority and Anor, (1976) 2 S.C. 109 at pp. 130-134.

Macauley v. Tukuru, (1881-1911) 1 NLR 35

Agboola v. Angelina Abimbola, S.C. 363/67 (unreported), delivered on 1st July 1969

Paul O. Omoregbe v. Ehigiator Edo, (1971) 1 All NLR 282.

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STATUTES REFERRED TO

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The Lagos State Public Lands Acquisition Law (Cap.113)

Notice of Compulsory Acquisition No. 236 of 14th October 1969

The Public Lands Acquisition Act (Cap. 167).

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