Federal Commissioner For Works And Housing V. R. Labedi And 15 Ors (1977)

LawGlobal-Hub Lead Judgment Report

A. O. OBASEKI, J.S.C 

Following the receipt of claims for compensation by 16 claimants in respect of land situate at Yaba East, Lagos Mainland acquired by the Federal Government by Notice Nos. 2444 of 22nd December, 1962 and 131 of 10th January, 1964 under the Public Lands Acquisition Act Cap 167, Laws of the Federation of Nigeria, the Federal Commissioner for Works and Housing took out an Originating Summons in the High Court of Justice of Lagos State on the 14th day of July, 1970 for the determination by the court of the questions to wit:

‘The person or persons entitled to the land situate at Yaba East Lagos Mainland and described in Government Notice Nos. 2444 and 131 dated 22nd December, 1962 and 10th January 1964 respectively.’

This parcel of land acquired is the land on which the buildings of Lagos University at Akoka now stand and it was acquired specifically for that public purpose ” the establishment of Lagos University.”

Pursuant to an order made by the court, each claimant filed his statement of interest in the land acquired and it turned out, from a close study of the schedule of claims filed by the applicants that the 14th claimant who is the appellant herein and the 16th claimant who is the 2nd respondent herein made conflicting claims to substantially the same parcel of land; more particularly the 16th claimant was claiming to be entitled to compensation in respect of 65.4 acres comprising parcel number 57 while the 14th claimant claimed to be entitled to compensation in respect of 70.598 acres comprising parcel number 82.

Apart from the interests of the 16th claimant/respondent, the interests of the other claimants did not conflict with the interests of the 14th claimant/appellant. The 14th claimant traced his root of title to the 1st Oloto and pleaded acts of ownership in paragraphs 2, 4, 5, 6, 8, 9 and 10 which read as follows:

‘2. The claimant avers that the land being claimed by him and edged blue in the Claims Plan formed portion of a large tract of land at Yaba East on the main land of Lagos which belonged to the Suenu Chieftancy family of Lagos.

4. The claimant further avers that the Oloto Chieftaincy family gave absolutely over 200 years ago the large tracts of land consisting of the villages known as Igbari including the land within the present acquisition (area), Bada, Oke Ogbe, Akoka and Abebe to one Fayemi, a grand daughter of the 1st Chief Oloto, Chief Akinjufe and who was married to Orishadara, first Chief Suenu of Lagos for whom she begat Fasinro who later became a Chief Suenu of Lagos.
5. The claimant also states that since the said grant the Suenu Chieftaincy family have been in uninterrupted continuous and peaceful possession of the said large tracts of land including land within the present acquisition exercising all rights of ownership thereon without let or hindrance from anyone.
6. The claimant says that in exercise of their right of ownership of the said large piece of land, the Suenu Chieftaincy family have:

(i) several years ago let under customary law some portions thereof at Akoka, Bada, Oke Ogbe and Igbari Villages to some tenants who have built thereon and some of whom have lodged their claims in respect of their several holdings and buildings in the present acquisition.

(ii) Sold portions at

(a) Igbari village to Yesufu Ajayi under and by virtue of a Deed of Conveyance dated 11th January, 1916 and registered as No. 16 at page 48 in Vol. 100 of the Lagos Lands Registry.

(b) Akoka village to the Government of Nigeria under and by virtue of a Deed of Conveyance dated 19th January, 1957 and registered as No. 4 at page 4 in vol. 107 of the Lagos Lands Registry;

(iii) Many years ago started to demise portions at Igbari village to several tenants who have erected substantial buildings thereon;

(iv) In 1925 buried Chief Suenu Oyero I at Akoka Village.

8. The claimant also states that he caused the land which falls within the present acquisition to be surveyed without let or hindrance.
9. The claimant will contend at the trial that Oloto Chieftaincy family have for over 200 years ceased to have any title, right or interest in the land at Yaba East which included the land being claimed by the Suenu Chieftaincy family in the acquisition.
10. In the foregoing circumstances, the claimant states that he as the head of the Suenu Chieftaincy family is the person entitled to be paid compensation for the area verged blue in the claims plan and numbered 82 therein.’

The 16th claimant on the other hand, while giving as his root of title the Oloto Chieftancy family, pleaded (that he acquired his interest only in 1957 from that family and has since been in peaceful continuous and physical possession of the said land) in paragraphs 2, 3, 4, 5, 6, 7 and 8 of his statement of interest as follows: