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IKOSI INDUSTRIES LTD
V.
LAGOS STATE GOVT & ORS

(2017) JELR 38258 (CA)

Court of Appeal 26 Jan 2017 Nigeria
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- The appellant’s property was compulsorily acquired by the Lagos State Government (1st Respondent) in 1973 for use by the Nigerian Ports Authority (2nd Respondent), an agency of the Federal Government, without payment of compensation despi

Case Details

Suit Number:CA/L/942/14
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Counsel:J.I Ajadi For Appellant Fola Sowemimo (Mrs.) with, David Nkire for 3rd Respondent.A.N. Adekunle for the 2nd Respondent.1st Respondent not represented. For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant's property was said to have been compulsorily acquired by the 1st Respondent vide a Notice published in the Daily Times Newspaper of 29th of June, 1973 for use by the 2nd Respondent. Despite repeated demands, compensation was not paid since then.

On 19th of June, 1993 the Appellant through a consultant, demanded compensation from the 2nd Respondent who directed it to the 1st Respondent as the party who acquired the property in question. In October, 2006, the 2nd Respondent was said to have fraudulently leased the property to the 3rd Respondent, a private individual, without the Appellant's knowledge until May, 2010 when it became aware of the lease.

The Appellant commenced the suit No. LD/263/13 against the Respondents by writ of summons and Statement of Claim filed on the 16th of April, 2013 before the High Court of Lagos State, Lagos Judicial Division seeking several reliefs including declarations that the a…

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