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CHIEF WALE TAIWO V. LAGOS STATE GOVERNMENT & ANOR.

(2010) JELR 33572 (CA)

Court of Appeal  •  CA/L/432/06  •  15 Apr 2010  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; HUSSEIN MUKHTAR JCA;

Judgement

R. C. AGBO, J.C.A. (Delivering the Leading Judgment): The appellant's principal M/S Parkview Investment and Property Co. Ltd acquired interest in No. 30 Queens Drive Ikoyi, Lagos. It thereafter sought the consent of the Governor of Lagos State to the assignment pursuant to the provisions of the Land Use Act. Both the appellant and its grantors executed exhibit 'F' on 13th October, 1993 in favour of the Lagos State Government. Exhibit 'F' is titled Application for approval of a subsequent transaction to a grant of a Right of Occupancy. Subsequent to the appellant and its grantors making exhibit 'F' the appellant deposited with the 1st respondent the sum of N900,000.00 deposit in relation to the approval fee. With the passage of Decree 52 of 1993 which purported to vest titles to land within 100 metres of 1967 shorelines, the appellant withdrew its application for the Governor's consent and demanded a refund of the N900,000.00 deposit. The respondent refused and the appellant filed Suit…

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