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ALHAJI MUDASHIRU KOKORO-OWO & ORS V. LAGOS STATE GOVERNMENT & ORS

(2001) JELR 44334 (SC)

Supreme Court  •  SC.153/1995  •  18 May 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ALOYIUS IYORGYER KATSINA-ALU JSC;

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The main issue in contest in this appeal is whether a grant of a Statutory Right of Occupancy (C of O) by the respondents to Oniru Chieftaincy Family over a parcel of land in which the latter had a customary title originally, is a re-allocation of the same parcel of land within the context of the order of interlocutory injunction made by the Court of Appeal not to re-allocate the land in dispute pending the determination of the appeal.

It is pertinent to set out the relevant facts involved in this case which are as follows:-

By a gazette notice published as Notice No. 173 in the Lagos State Gazette No.20 Vol. 5 of 18th August, 1972, the Lagos State Government compulsorily acquired the parcel of land consisting on,100 acres known as Maroko in Eti-Osa Local Government and paid compensation of N6,800,000.00 to the Oniru Chieftaincy Family which claimed to own the land so acquired, under customary law.

In 1990, the Lagos State Government em…

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