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CHIEF RASAQ ARIYO ABEGUNDE OJE & ORS V. FEDERAL MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT & ORS

(2018) JELR 35457 (CA)

Court of Appeal  •  CA/L/951/2016  •  1 Mar 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Appearances
O. E. Ogungbeje, Esq. with him, U. Onyeka, Esq. For Appellant Mrs. Olanike Idenu For Respondent

Judgement

UGOCHUWKU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellants were the Claimants before the High Court of Lagos State in Suit No. BD/4541/2014: CHIEF RASAQ ARIYO ABEGUNDE OJE and ORS v. FEDERAL MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT and ORS. The action was commenced by Originating Summons wherein the Appellants prayed for the determination of the following questions and claiming the reliefs:

"1. A DETERMINATION of the question whether the purported acquisition of the claimants Seven Hectares of Land without Notice by the Defendants is NOT in conflict with the Land Use Act 1978.

2. A DETERMINATION of the question whether the purported acquisition of the claimants Seven Hectares of Land without compensation by the Defendants is NOT contrary and fundamentally at variance with the Land Use Act 1978.

3. A DETERMINATION of the question whether the purported acquisition of the claimants Seven Hectares of Land without publication of the Notice in official gazette b…

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