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ABUDU WAHABI AWOYO & ORS V. MAGNUS AYINLA ABASI OPERE & ORS

(1976) JELR 33658 (SC)

Supreme Court  •  SC.209/1973  •  9 Apr 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHARLES OLUSOJI MADARIKAN JSC; MAMMAN NASIR JSC; JSC;

Judgement

M. NASIR, J.S.C. (Delivering the Leading Judgment): In exercise of its powers under the Lagos Town Planning Act, the Lagos Executive Development Board (hereinafter called the Board) acquired on the 1st March, 1956, the landed property known as 97, Victoria Street, Lagos, popularly called 'Opere Mosque' and asked the owners to come forward and claim compensation. As a result of this, two sets of claimants emerged, namely,

(1)Magnus Ayinla Abasi Opere - 1st set, and

(2)Members of the Management Committee of the Opere Mosque - 2nd set.

This second set of claimants consisted initially of the representatives of the Jamat (or congregation of the Mosque) and the representatives of the Opere family. The second set authorised "our solicitor Mr. L.J., Dosunmu .... to negotiate and settle the compensation payable" in respect of their property namely, the 'Opere Mosque' (see Exhibit "B" - letter of Authority). The first set initially claimed as an individual but later, five other members of the O…

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