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AG BENDEL STATE & ORS
V.
AIDEYAN

(1989) JELR 42882 (SC)

Supreme Court 29 Sep 1989 Nigeria
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- The case involves a dispute over the acquisition of a four-story building by the government for public purposes. - The plaintiff argues that the acquisition is unconstitutional, illegal, and void, and seeks a declaration to that effect, a

Case Details

Suit Number:SC.131/1986
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:Mrs. Tinu Akomolafe-Wilson, Director of Civil Litigation, Bendel State For Appellant Kehinde Sofola, S.A.N. (with him, Miss A.O. Obaseki and B. Soetan) For Respondent
Other Citations:A-G., Bendel v. Aideyan (1989) 4 NWLR (Pt.118) 646 (1989) All N.L.R 666 (1989) 9 S.C 127

NNAEMEKA-AGU, JSC (Delivering The Leading Judgment).: This is a further appeal by the Defendants against the judgment of the Court of Appeal, Benin Division, which had dismissed their appeal against the judgment of Moje Bare, J., sitting in a Benin High Court.

The subject-matter of the suit is a four storey building situate on a plot lying opposite the Specialist Hospital, G.R.A., Benin City. The plaintiff, Mr. Aideyan, had bought it from the government lessee thereof, called Owono Ogbemudia Asenmota, who, with all necessary consents, assigned it to the plaintiff in 1970. The plaintiff erected a four story building on the plot. By a notice published in the Bendel State Gazette No. 219 of the 29th of April, 1976, the Government of Bendel State purported to acquire the property for public purposes, to wit: office premises. Despite protests by the plaintiff against the acquisition, the Defendants held on to the property. At a point in time the Defendants offered to pay to the plaintiff N…

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