Agip (Nig) Ltd v. Attorney General of Lagos State (1977)

LawGlobal-Hub Lead Judgment Report

The plaintiff appellant claimed against the defendant/respondent

“(a) A declaration that the Military Governor of Lagos State and/or the Government of Lagos State is/are not entitled to resume occupation of land known as Plot 12A, Ijora Industrial Estate;

(b) An injunction restraining the Defendant and all other agents, servants or functionaries of the Lagos State Government from going into occupation of the aforesaid Plot 12A Ijora Industrial Estate pursuant to a Notice dated the 23rd day of November 1971 signed by the Defendant.”

The Statement of claim reads

“(1) The land referred to in the Writ of Summons and which is the subject matter of this action is all that piece or parcel of land situate at and known as Plot 12A in the Ijora Industrial Estate which is more particularly delineated in Plan No.13552 attached to the Indenture of Lease dated the 3rd day of September 1964 and registered as Number 11, at page 11 in volume 1219 of the Land Registry in the Office at Lagos (hereinafter referred to as the said land).

(2) The said land is State land within the meaning of State Lands Act.

(3) By the Deed of Lease referred to in paragraph 1 hereof, the said land was leased to Christopher Wilson Waddel for a term of 99 years commencing from the 1st day of July 1964 pursuant to the powers conferred on the Lessor by the State Lands Act.

(4) By a Deed dated the 5th day of May 1965 and registered as Number 2 of page 2 in Volume 1242 of the Lands Registery in the office at Lagos, the aforesaid Christopher Wilson Waddel assigned the said land to Intra Motors (Nigeria) Limited for the residue of the term vested in him.

(5) By a Deed of Power of Attorney dated the 6th day of February 1967 and registered as No.5 at page 5 in Volume 1258 of the Lands Registry in the Office at Lagos, Intra Motors (Nigeria) Limited appointed the Plaintiffs as its Attorney in respect of the said land with powers therein specified.

(6) By a Notice reference No. LJ/S.5/3T35 dated 23rd November 1971 the Defendant, acting for the Military Governor of Lagos State, notified the Plaintiffs that the Lagos State Government desires to resume occupation of Plot 12A Ijora Industrial Estate pursuant to the provisions of section 24 of the State Lands Act.

(7) Unless restrained by Order of Court the Defendant or other agents, servants or functionaries of the Lagos State Government will enter into occupation of the said land.

WHEREUPON the Plaintiffs claim as per the Writ of Summons.”

The statement of defence reads

“(1) Save and except as it is hereinafter expressly admitted the Defendant denies each and every allegation of fact contained in the Statement of Claim as if each had been set out and denied seriatim and specifically traversed.