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OJE & ORS
V.
FEDERAL MINISTRY OF LANDS, HOUSING & URBAN DEVELOPMENT & ORS

(2018) JELR 35457 (CA)

Court of Appeal 1 Mar 2018 Nigeria
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- The Appellants challenged the compulsory acquisition of their alleged 7 hectares of inherited land at Odan Era, Lagos State, by the Federal Ministry of Lands, Housing, and Urban Development, claiming lack of notice, no compensation, and n

Case Details

Suit Number:CA/L/951/2016
Judges:TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:O. E. Ogungbeje, Esq. with him, U. Onyeka, Esq. For Appellant Mrs. Olanike Idenu For Respondent

UGOCHUWKU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellants were the Claimants before the High Court of Lagos State in Suit No. BD/4541/2014: CHIEF RASAQ ARIYO ABEGUNDE OJE and ORS v. FEDERAL MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT and ORS. The action was commenced by Originating Summons wherein the Appellants prayed for the determination of the following questions and claiming the reliefs:

"1. A DETERMINATION of the question whether the purported acquisition of the claimants Seven Hectares of Land without Notice by the Defendants is NOT in conflict with the Land Use Act 1978.

2. A DETERMINATION of the question whether the purported acquisition of the claimants Seven Hectares of Land without compensation by the Defendants is NOT contrary and fundamentally at variance with the Land Use Act 1978.

3. A DETERMINATION of the question whether the purported acquisition of the claimants Seven Hectares of Land without publication of the Notice in official gazette b…

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