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AGIP (NIG) LTD V. ATTORNEY GENERAL OF LAGOS STATE

(1977) JELR 34097 (SC)

Supreme Court  •  SC.47/75  •  18 Nov 1977  •  Nigeria

Coram
DARNLEY A.R. ALEXANDER JSC; ATANDA FATAYI-WILLIAMS JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
Chief F.R.A. Williams (with him Miss A. Kester) for the Appellant. For Appellant Mr. S. O. Ilori, Deputy Solicitor-General, Lagos State (with him Mr. T. A.Ogundeyin, Senior State Counsel) for the Respondent. For Respondent

Judgement

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The plaintiff appellant claimed against the defendant/respondent

"(a) A declaration that the Military Governor of Lagos State and/or the Government of Lagos State is/are not entitled to resume occupation of land known as Plot 12A, Ijora Industrial Estate;

(b) An injunction restraining the Defendant and all other agents, servants or functionaries of the Lagos State Government from going into occupation of the aforesaid Plot 12A Ijora Industrial Estate pursuant to a Notice dated the 23rd day of November 1971 signed by the Defendant."

The Statement of claim reads

"(1) The land referred to in the Writ of Summons and which is the subject matter of this action is all that piece or parcel of land situate at and known as Plot 12A in the Ijora Industrial Estate which is more particularly delineated in Plan No.13552 attached to the Indenture of Lease dated the 3rd day of September 1964 and registered as Number 11, at page 11 in volu…

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