Attorney General Of Lagos State & Ors V. Zanen Verstoep & Company Nigeria Limited & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Federal High Court, Lagos Division delivered by ABUTU J. on the 2nd day of November 2007.

The Appellants and the 2nd Respondent herein were Respondents in the suit filed in the lower Court while the 1st Respondent was the Applicant.

The said 1st Respondent had as Applicant commenced a suit in the Federal High Court, Lagos Division (lower Court) by way of an application for the enforcement of its Fundamental Human Right against the aforesaid Respondents. In the said application dated 9-11-2006 the following reliefs were sought:-

(i) A declaration that the forcible breaking-in and carting away of the Applicants properties from its premises situate at 1A Ozuma Mbadiwe Street, Victoria Island, Lagos by the Respondents on Sunday, August 26, 2006 and subsequent days thereafter is illegal and unconstitutional as it violates the Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.

(ii) A declaration that the continued forcible occupation of the Applicants

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said premises situate at 1A Ozuma Mbadiwe Street, Victoria Island, Lagos by the Respondents and their agents or privies is illegal and unconstitutional as it violates the Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.

(iii) An Order directing the Respondents, their agents and/or privies to vacate the Applicants premises situate at No. 1A Ozuma Mbadiwe Street, Victoria Island, Lagos.

(iv) An Order directing the Respondents to return all the Applicants properties (as itemized in the Applicants statement hereto) which were forcibly removed from the Applicants said premises situate at No. 1A Ozumba Mbadiwe Street, Victoria Island Lagos, to the said premises OR IN THE ALTERNATIVE.

Damages of the total sum of $5, 707, 292.90 to its equivalent in Naira, being the value of the Applicants properties forcibly removed from the Applicants premises situate at 1A Ozumba Mbadiwe Street, Victoria Island, Lagos.

(v) General damages of the sum of N200 Million Naira (Two Hundred Million Naira) for the illegal and unlawful violation of the

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Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.