ENGR. DAYO ATALOYE & ANOR V. THE EXECUTIVE GOVERNOR ONDO STATE & ORS

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ondo State presided over by Hon. Justice N. S. Adeyanju and delivered 17th June, 2010 in which the plaintiffs' (herein the appellants) suit was dismissed.

By a writ of summons and statement of claim each dated filed 22nd May, 2008, the plaintiffs at the lower court made the following claims against the defendants:

1) A DECLARATION that the purported acquisition of all that piece or parcel of land situate along Akure/Ilesha Road, under the Okuta Elerinla Residential Scheme now surveyed and called Okuta Elerinla layout, Akure, Ondo State is unconstitutional, illegal, null, void and of no effect on the ground that:

a) The purported acquisition was not for one of the purposes for which the land could be acquired.

b) The purported acquisition was not made bona fide with due process of law.

c) The purported acquisition was persecutory and oppressive.

2) N50, 000,000 …