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City Property Development Ltd v. Attorney-General, Lagos State and Ors.

(1976) JELR 33998 (SC)

Supreme Court  •  SC.29/1975  •  30 Jan 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): The appeal and cross-appeals in this action are from the judgment of Adedipe, l. delivered in the High Court of Lagos State on 11th October, 1974. In the proceedings in the said High Court, the City Property Development Limited, as plaintiffs, claimed against the Attorney-General of Lagos State, as first defendant, a number of declarations in respect of 2,300 acres of land at Victoria Island, Maroko and Ilado. These 2,300 acres form part of a piece of land comprising about 3,100 acres with the government of Lagos State had compulsorily acquired by notice of acquisition dated 12th August, 1972.

The plaintiffs contended that the 2,300 acres are theirs and it is on that basis that they claimed the following declarations:

"(1) That the development presently being carried out by the plaintiffs on their land at Victoria Island in the Lagos Division of the Lagos State of Nigeria and marked' A' in the attached plan No.1, and the pr…

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