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ALHAJI (CHIEF) S. D AKERE & ORS. V. THE GOVERNOR OF OYO STATE & ORS.

(2012) JELR 34450 (SC)

Supreme Court  •  SC.375/2002  •  4 May 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC;

Appearances
Michael F. Lana Esq. For Appellant No appearance for the respondents though sent hearing notice on 11th January, 2012 For Respondent

Judgement

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): In the Originating Summons issued at the High Court Registry, Ibadan, on 25th day of November, 1992, the appellants, as plaintiffs, posed the following question:

"Whether the plaintiffs are entitled to be paid compensation including interest for delayed payment for their land compulsorily acquired in 1963 along Araromi-Akufo road, Ibadan. If the answer to the above question is in the affirmative then the Plaintiffs claim:

(i) Declaration that under and by virtue of the provisions of section 31, of the Constitution of the Federation 1963, No. 20 the plaintiffs are entitled to be paid compensation for their land situate along Araromi-Akufo road, Ibadan compulsorily acquired by the defendants in or about 7th February, 1963.

(ii) Declaration that by virtue of the provisions of the Public Lands Acquisition (Miscellaneous Provisions) Act 1976, No. 33 the plaintiffs are entitled to be paid interest at bank rate on the said com…

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