Alhaji Adio Maiyegun & Ors. V. The Governor Of Lagos State & Ors. (2010)

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BODE RHODES- VIVOUR, J.C.A

This appeal is against the judgment of Hon. Justice H.A.O. Abiru of the High Court of Lagos State delivered on the 8th day of March, 2006, dismissing the appellants, originating summons.

The appellants as claimants sued the respondents as defendants on an Originating Summons seeking determination of the following questions:

(i) Whether or not the purported acquisition of the claimants land without payment of compensation by the first defendant is valid in law.

(ii) whether the purported acquisition of the claimants land by the first defendant and subsequent allotment of the land to third parties amounted to an acquisition for public purposes under the Land Use Act 1978.

(iii) whether in the absence of a valid acquisition of the claimants land by the first defendant, the claimants are not entitled to the continuous and consequent upon a determination of the questions, the appellants prayed for the following reliefs:-

(a) A declaration that the purported acquisition of the claimants family, community and village lands, more particularly described on survey plan No.OG/240/180 dated the 1st of December, 1984 drawn by Chief Akin Ogunbiyi, Licensed Surveyor, without payment of compensation by the first defendant was null, void, unconstitutional and of no legal effect.

(b)A declaration that the acquisition of the claimants said community and village lands at Maiyegun village by the first defendant and the allocation of the land by the second defendant to third parties mentioned in the publication on page 35 of the Punch Newspaper of 13th of August, 2001 was not for public purpose as contemplated by the Land Use Act 1978 and therefore null, void and unconstitutional

(c) A declaration that the claimants were entitled to the continuous and undisturbed occupation and possession of all the land described in the survey plan No OGE/240/184 dated the 1st of December, 1984 drawn by Chief Akin Ogunbiyi purportedly and unlawfully acquired by the first defendant.

(d) An order of perpetual injunction restraining all the defendants, their servants, agents, privies or whosoever derives title through or from them from interfering with the claimant’s possession of the land in dispute.

After examining affidavits, exhibits and written submissions the learned trial Judge dismissed the origination summons in a considered judgment delivered on the 8th of March, 2006.

The appeal is against the judgment.

Briefs of argument were duly filed and exchanged. The appellants brief and reply brief were deemed filed and served on the 25th of September, 2007 and 18th of March, 2008 respectively, while the respondents brief was deemed filed and served on 11th of May, 2009.

The appellants formulated three issues for determination.