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IKOSI INDUSTRIES LIMITED V. LAGOS STATE GOVERNMENT & ORS

(2017) JELR 38258 (CA)

Court of Appeal  •  CA/L/942/14  •  26 Jan 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; BIOBELE ABRAHAM GEORGEWILL JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant's property was said to have been compulsorily acquired by the 1st Respondent vide a Notice published in the Daily Times Newspaper of 29th of June, 1973 for use by the 2nd Respondent. Despite repeated demands, compensation was not paid since then.

On 19th of June, 1993 the Appellant through a consultant, demanded compensation from the 2nd Respondent who directed it to the 1st Respondent as the party who acquired the property in question. In October, 2006, the 2nd Respondent was said to have fraudulently leased the property to the 3rd Respondent, a private individual, without the Appellant's knowledge until May, 2010 when it became aware of the lease.

The Appellant commenced the suit No. LD/263/13 against the Respondents by writ of summons and Statement of Claim filed on the 16th of April, 2013 before the High Court of Lagos State, Lagos Judicial Division seeking several reliefs including declarations that the a…

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