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OKEOWO
V.
AG OGUN STATE

(2010) JELR 45345 (SC)

Supreme Court 16 Jul 2010 Nigeria
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- The appellant challenged the compulsory acquisition of his land by the Ogun State Government pursuant to Ogun State Notice No. 109 of 7 May 1977, arguing that he was not personally served with the notice as required by Sections 5 and 9 of

Case Details

Suit Number:SC.322/2001
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Counsel:T. E. Williams Esq., SAN for the appellant with him are Messrs O. E. Osunbade and O. K. Ogunsakin. For Appellant Akin Osinbajo Esq., A - G Ogun State for the Respondent with him is P. O. Akinsinde Esq., DDCL, Ogun State Min. of Justice. For Respondent

WALTER SAMUEL NKANU ONNOGHEN, J.S.C (Delivering the leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Ibadan, in appeal NO. CA/1/117/97 delivered on the 7th day of June, 2001 dismissing the appeal of the appellant against the judgment of the High Court of Ogun State in suit NO. HCT/59/87 delivered on the 17th day of December, 1992 dismissing the case of the appellant, then plaintiff before that court.

Appellant had instituted the action against the respondent, then defendant, claiming the following reliefs:

"1. (i) A declaration that the purported compulsory acquisition of land by Ogun State Notice N0. 109 dated the 7th of May 1977 and published at pages 66 - 67 of Ogun State of Nigeria Gazette is null and void and of no effect.

(ii) A declaration that the aforementioned Notice does not affect the right of occupancy vested in the plaintiff in and over the two pieces or parcels of land situated lying and being at Idaose Farmland at Edu Village,…

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