Customer Support

DIN
V.
AG OF THE FEDERATION

(1988) JELR 40289 (SC)

Supreme Court 23 Sep 1988 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant filed a summons claiming that the forfeiture of their land and buildings by the Federal Government of Nigeria was unconstitutional and illegal. - The trial court initially gave judgment in default for the appellant, but it w

Case Details

Suit Number:SC.40/1986
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams, S.A.N. (with him, E.O. Sofunde For Appellant M. O. Adio, Federal Director of Civil Litigation (with him I. Uche Okoro (Miss), State Counsel For Respondent
Other Citations:Din. v. Fed. A.G.(1988) 4 NWLR (Pt.88) (1986) N.W.L.R (1988) 9 S.C 19

M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): By an ex-parte application brought under Order 1 rule 2(2) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, the appellant was granted leave by the High Court of Plateau State, holden at Jos, to file an originating summons against the respondent claiming (as amended) as follows-

"1. A declaration that the purported forfeiture by the Federal Government of Nigeria of the Plaintiff's land and buildings situate at Vodni Estate, Mararaba Pushit, near PANKSHIN in the Plateau State of Nigeria, and at the temporary site of the Federal Advanced Teachers' College Pankshin is unconstitutional, illegal, null and void.

2. N6,019,631.00k being special damages comprising:-

(i) Mesne profits on the above estate for 9 years i.e. January, 1974 to December, 1983 at N280,000.00k per annum N2,520,000.00k;

(ii) Annual Bank Charges on Capital outlay for 9 years at 11% - N3,149,631.00k

(iii) Estimated cost of repairs and renovation - N350,00…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.