(1976) JELR 46292 (SC)    

Supreme Court  ·  SC.435/1975 ·  30 Dec 1976 ·  Nigeria
Other Citations
UDO UDOMA Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
parcel of land
learned trial judge
lands registry
notice of compulsory acquisition
declaration of title
said land
virtue of section
trial of the suit
such acts of encroachment
present appeal
military governor
claims of the plaintiffs
leading judgment
suit no. ik
judgment of the court
government of lagos state
deed of conveyance
whole of the evidence
said onikoro chieftaincy family
title of the defendant
common ground
case of the defendant
following terms
virtue of the public lands acquisition law
exhibit d13
satisfaction of the court
high court
possession of the land
public of its intention
such lands
question of the lands
state land
appeal of the plaintiffs
weight of evidence
reason of the notice of compulsory acquisition
federal commissioner
military governor resolves
virtue of a deed of lease
ikeja judicial division of the high court of lagos state
onikoro chieftaincy family
inflexible rule of practice
possession of the said land
respect of land

SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): In their writ filed in the Ikeja Judicial Division of the High Court of Lagos State, in suit No. IK/102/69, the plaintiffs, Lion Buildings Limited, a Limited Liability Company, claimed against the defendant therein, M.M. Shadipe, the following:

(1)A declaration of title to a piece or parcel of land situate at Mile 12 Ikorodu Road, Lagos and registered on 27th June, 1969 as No. 43 at page 43 in Volume 1292 in the Lands Registry at Lagos;

(2)A perpetual injunction restraining the defendant and/or his agents from any further acts of trespass on the said land.

Pleadings were ordered and duly filed and delivered.

In their pleadings and evidence at the trial of the suit, it was common ground between the plaintiffs and the defendant that the land, the subject-matter of the suit and in dispute between them, originally formed part of the stool lands of the Onikoro Chieftaincy Family at Mile 12, Ikorodu Road, Lagos; and that the said Onik…

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