AYIDA
V.
TOWN PLANNING AUTHORITY

(2013) JELR 57828 (SC)

Supreme Court · SC. 110/2004 · 19 Apr 2013 · Nigeria
·

Other Citations

Ayida v. Town Planning Authority (2013) 10 NWLR (Pt. 1362) 226

CORAM

MAHMUD MOHAMMED JSC (Presided and Read the Lead Judgment) JOHN AFOLABI FABIYI JSC BODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC KUMAI BAYANG AKA’AHS JSC

Ratio Decidendi

Core Terms ^Beta

appellants

court

order of mandamus

trial court

2nd respondent

victoria island

order

mandamus

alternative claims

performance of the duty

respondents

senior counsel

judicial review

prior demand

court of appeal

learned counsel

high court

nigerian law

lead judgment

learned trial judge

obiter dictum

respective briefs of argument

decision of the court of appeal

action of the 2nd respondent

authority of lagos state

case of the plaintiffs

common law rule

contravention of the provisions of section

demolition of the buildings

following reliefs

grant of that principal relief

idowu martins

issue of law

judgment of the trial court

judgment of the trial lagos high court

laws of lagos state of nigeria

legal entity of the 1st respondent

no. 14a

order of mandatory injunction

order of prohibitory injunction

plaintiffs claims

provision of edict no.

provisions of the said subsection

public authorities

requirements of section

said town planning authority

statute of general application

story structure

town planning authority of lagos state

MOHAMMED JSC (Delivering the Lead Judgment): The proceedings in this matter were commenced by an application for judicial review wherein the appellants as plaintiffs/applicants claimed against the respondents who were the defendants/respondents to the application, the following reliefs:

“1(i) An order of mandamus directed to the Town Planning Authority of Lagos State to compel the said Town Planning Authority to demolish or give orders for the demolition of the buildings on the property located at No. 14A, Idowu Martins, Victoria Island, Lagos forthwith or (in the alternative) after service of necessary notice or as the court should direct;

(ii) A declaration that the occupation of the buildings located at Nos. 14A and 14B, Idowu Martins Street, Victoria Island, Lagos by the 2nd respondent (Mega Investments Limited) through its tenants, licensees, or other persons constitutes a contravention of regulation 29(1) of the Town and Country Planning (Building Plan) Regulation, Cap. 188, Laws…

AYIDA V. TOWN PLANNING AUTHORITY

AYIDA
V.
TOWN PLANNING AUTHORITY