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Chief P.I.Mokelu v. Federal Commissioner for Works and Housing

(1976) JELR 42483 (SC)

Supreme Court  •  SC.140/1975  •  19 Mar 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHARLES OLUSOJI MADARIKAN JSC; MAMMAN NASIR JSC;

Judgement

C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): This appeal is a sequel to the ruling of Belgore J given on the 5th of January, 1974 in suit No. FDC/L1M1/1974 in which the present appellant as plaintiff had taken out an originating summons in the Federal Revenue Court, Lagos, against the respondent under section 10 of the Public Lands Acquisition Act for the determination of the following questions:

"The amount of compensation payable to the applicant as compensation for the compulsory acquisition of his right, title and interest in the land measuring approximately 200 acres which was acquired by the Federal Government as per Government Acquisition Notice No.1577 dated 16th July, 1973."

When the matter came before the lower court on the return date, learned counsel for the defendant raised preliminary objections on three grounds. One of the grounds was that the court had no jurisdiction to entertain the action. After hearing arguments, the learned trial judge gave a consid…

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