CORAM
UDO UDOMA, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
LION BUILDINGS LIMITEDÂ APPELLANTS
RESPONDENTS
AREA(S) OF LAW
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.
HELD
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.
ISSUES
None.
RATIONES DECIDENDI
COMPULSORY ACQUISITION BY THE STATE
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.
CASES CITED
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.
STATUTES REFERRED TO
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).