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J. B. Soboyede & Ors v. Minister Of Lands and Housing Western Nigeria

(1974) JELR 41689 (SC)

Supreme Court  •  SC.237/73  •  2 May 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; DANIEL O. IBEKWE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This judgment concerns a large parcel of land situate at Mushin in the Ikeja Division of the Colony Province which was acquired in 1957 by the Government of Western Nigeria at a time when that part of the Colony Province of Lagos was within the territory of Western Nigeria. The Government of Western Nigeria, now respondents to this summons, took out an originating summons for the determination

"..of persons entitled to the compensation for the land described in the aforesaid notice and shown on PLAN MUSH 8A attached hereto. . . . ."

It appears that there was a total number of 17 claimants claiming in respect of portions of the said land, and that with respect to the first claimant E.O. Ashamu only two other claimants, the Odu Abore Family and the Alshe Family counterclaimed against him. Soon after the summons was mentioned in court, the Odu Abore Family and the Alashe Family filed in court notices of discontinuance of their own…

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