AWOLESI MOTORS (NIGERIA) LIMITED V. CHARLES ADEDOTUN DINA & ANOR

SULU-GAMBARI, J.C.A. (Delivering the Lead Ruling): In the High Court of Lagos State, Lagos Judicial Division, holden at Lagos, the learned trial judge, Adeniji. J. in his considered ruling, delivered on 29th August, 1991, dismissed the plaintiff's suit in which a declaration of title to a statutory right of occupancy was sought along with other reliefs.

The learned trial Judge had the task of interpreting and applying the provisions of Section 22 and 26 of the Land Use Act No.6 of 1978 to the specific facts of the case before him and having come to the conclusion that the transaction was without the consent of the Military Governor first had and obtained, declared the action filed by the plaintiff incompetent, void and of no effect in law.

It should be noted here that the plaintiff at the trial court filed a statement of claim and the 1st respondent also filed a statement of defence. It was only the 2nd respondent that did not file any pleadings.

In the motion of the 1st and 2nd respo…