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LAGOS CITY COUNCIL V. EMMANUEL AYODEJI AJAYI

(1970) JELR 33406 (SC)

Supreme Court  •  SC.74/1968  •  25 Sep 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; CHARLES OLUSOJI MADARIKAN JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment):-The Lagos City Council had appealed against an assessment of monetary compensaiton made by the Lagos High Court (Omololu, J.) pursuant to an originating summons taken out in virtue of the provisions of the Lagos Local Government Act. The Lagos City Council, now appellant, were the applicants in the court below and Emmanuel Ayodeji Ajayi was the claimant. The property concerned was No. 23 Catholic Mission Street, Lagos. It belonged to the claimant but had been compulsorily acquired by the appellants pursuant to their powers under the Lagos Local Government Act. As the parties could not agree on the amount of compensation to be paid to the claimant the appellants took out the summons asking for a determination by the court of the following question, that is to say:-

"The amount of compensation payable in respect of that house with landed property situate at and known as No. 23 Catholic Mission Street, Lagos and covered by a deed of convey…

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