Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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