Anthony v.The Governor of Lagos State & Anor

(2002) JELR 49432 (CA)

Court of Appeal · CA/L/56/2001 · 3 Jun 2002 · Nigeria
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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

CORAM

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

court

appellant

respondents

applicant

order of mandamus

said plots

1st respondent

certificate of occupancy

cross appellants

public duty

exhibit c

exhibit e

issues

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

exhibits

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…