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PA. S. O. SEHINDEMI CHIEF T. O. BANKOLE ALHAJI A. T. JAGUN ALHAJI A. O. SHOTE ALHAJI R. O. OYENUBI CHIEF E. O. SHODIPO MRS. EBUN OMOTOSHO MR. J. A. OTOKI ADEMOLA OGUNDELE PRINCE W. A. ADESANMI BUSOLA HOLLOWAY DR. (MRS.) W. G. OGUNYEMI MRS. M. R. SOSAN MRS. I. SOLARIN (FOR THEMSELVES AND ON BEHALF OF ALL LANDLORDS AND RESIDENTS OF SAM SONIBARE STREET/OKOYA THOMAS CLOSE AND ENVIRONS IN SURULERE, LAGOS STATE. V. GOVERNOR OF LAGOS STATE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, LAGOS STATE LERE AWOKOYA AYODEJI BABATUNDE RICHARDS ALHAJI MUSA AGBABIAKA MRS. OREDEJI JOHNSON O. O. DELANO OTHERS UNKNOWN

(2006) JELR 56890 (CA)

Court of Appeal  •  5 Jan 2006  •  Nigeria

Coram
ISA AYO SALAMI JCA (Presided and Read the Lead Judgment) KUMAI BAYANG AKAAHS JCA MUSA DATTIJO MUHAMMAD JCA

Appearances
Abayomi Alokolaro - for the Appellant -*- O. O. Eboda - for the 1st and 2nd Respondents -*- Prof. Taiwo Osipitan (with him, C. Ahmadu) - for the Respondent -*- O. O. Delano - for the 5th - 9th Respondents

Judgement

SALAMI JCA (Delivering the Lead Judgment): It is common ground that the parcel of land of both the plaintiffs and defendants were originally owned or vested in Lagos Executive Development Board now restyled Lagos State Development and Property Corporation, an agency of Lagos State which was sued as first and second defendants.

The Lagos Executive Development Board created a residential layout and allocated plots to various individuals including the plaintiffs in the instant suit. At the time material to the sale to the plaintiffs, certain portion of the land remained unsold or unallocated. It is that portion that has now been apportioned to the third to eighth defendants. The plaintiffs challenged the allocations and issuance of certificate of occupancy over the land to the defendants and the purpose to which the defendants are permitted to put their grants which is for building residential houses. It is pertinent that the plaintiffs have built their own residential houses on the adj…

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