THE ATTORNEY-GENERAL OF BENDEL STATE & ORS V. P. L. A. AIDEYAN

NNAEMEKA-AGU, JSC (Delivering The Leading Judgment).: This is a further appeal by the Defendants against the judgment of the Court of Appeal, Benin Division, which had dismissed their appeal against the judgment of Moje Bare, J., sitting in a Benin High Court.

The subject-matter of the suit is a four storey building situate on a plot lying opposite the Specialist Hospital, G.R.A., Benin City. The plaintiff, Mr. Aideyan, had bought it from the government lessee thereof, called Owono Ogbemudia Asenmota, who, with all necessary consents, assigned it to the plaintiff in 1970. The plaintiff erected a four story building on the plot. By a notice published in the Bendel State Gazette No. 219 of the 29th of April, 1976, the Government of Bendel State purported to acquire the property for public purposes, to wit: office premises. Despite protests by the plaintiff against the acquisition, the Defendants held on to the property. At a point in time the Defendants offered to pay to the plaintiff N…