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ALHAJI ADIO MAIYEGUN & ORS. v. THE GOVERNOR OF LAGOS STATE & ORS.

(2010) JELR 33204 (CA)

Court of Appeal  •  CA/L/126/07  •  21 Jan 2010  •  Nigeria

Coram
BODE RHODES- VIVOUR JCA; PAUL ADAMU GALINJE JCA; HUSSEIN MUKHTAR JCA;

Judgement

BODE RHODES- VIVOUR, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice H.A.O. Abiru of the High Court of Lagos State delivered on the 8th day of March, 2006, dismissing the appellants, originating summons.

The appellants as claimants sued the respondents as defendants on an Originating Summons seeking determination of the following questions:

(i) Whether or not the purported acquisition of the claimants land without payment of compensation by the first defendant is valid in law.

(ii) whether the purported acquisition of the claimants land by the first defendant and subsequent allotment of the land to third parties amounted to an acquisition for public purposes under the Land Use Act 1978.

(iii) whether in the absence of a valid acquisition of the claimants land by the first defendant, the claimants are not entitled to the continuous and consequent upon a determination of the questions, the appellants prayed for the following reliefs:-

(a) A d…

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