DENTON-WEST JCA (Delivering the Lead Judgment): This appeal stems from the ruling of Honourable Justice H. A. Saleeman of the Kwara State High Court of Justice, Ilorin Division, which was delivered on 24 February 2009. The trial court in her wisdom struck out the appellant’s suit. The appellant felt discontented, hence this appeal.
The appellant vide a Fundamental Enforcement Rule sought for redress for the violation of the appellant’s principal’s fundamental right to compensation. The appellant sought for the following reliefs at the lower court, as follows;
i. A declaration that the acquisition of the applicant’s principal’s land by the Kwara State Government without paying compensation to the principal, violates the principal’s fundamental right to compensation for the loss of the land to the state government: In the alternative, a declaration that the acquisition of the applicant’s principal’s land by the Kwara State Government is a nullity for want of payment of compensation t…