Anthony v.The Governor of Lagos State & Anor

(2002) JELR 49432 (CA)    

Court of Appeal  ·  CA/L/56/2001 ·  3 Jun 2002 ·  Nigeria
Other Citations
Anthony v. Gov., Lagos State [2003]10 NWLR (Pt.828)pg. 288
Anthony v. Gov., Lagos State (2003) 10 NWLR (Pt. 828) 288
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
order of mandamus
said plots
1st respondent
certificate of occupancy
cross appellants
public duty
exhibit c
exhibit e
learned trial judge
allocation committee
executive secretary land use
further payment
legal right
military governor
way of grant
applicant piece of land of equal value
brief of argument
direct demand
discretion of this court
grounds of appeal
imo state environmental sanitation authority
nature of public duty
parcel of land
piece of land of equal value
sets of issues
type of fine point of law
common nature of the issues
cross appellant
discretion of a public nature
exercise of the discretion
foregoing facts
further order
high court of lagos state
legal right of the said plots
necessary condition precedent
notice of appeal
rejection of exhibit d
relevant matters
respect of plots
respondent proceeds
said application
whole matter

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): The applicant (appellant) in the court below (High Court of Lagos State, Ikeja Division, Coram Holloway, J.), applied for an order of mandamus to compel the 1st respondent to issue by way of grant, a Certificate of Occupancy in respect of plots 3 and 4 in Shomolu Extension Layout Plan No. SHO 11 and for such, further order or orders as the court may deem fit to make in the circumstances. In support of the application, the applicant deposed to an affidavit of twenty one paragraphs with six exhibits marked 'A' 'B' 'C' 'D' 'E' and 'F'.

The respondents in the said application, also respondents/cross appellants in this appeal, opposed the application and filed a counter affidavit of twenty three paragraphs. The applicant did not file a reply to the counter-affidavit. After hearing the application, the court below inter alia made the following pronouncement.

"To be able to exercise the discretion of this court judicially, this type of…

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