SALAMI, J.C.A. (Delivering the Leading Judgment): The government of Oyo State pursuant to section 28 of the Land Use Act Cap. 202 of the Laws of the Federation of Nigeria, 1990 compulsorily acquired a parcel of land at Orita Ikereku, challenge for public purpose absolutely simpliciter. The acquisition notice was published in Oyo State of Nigeria Gazette No.10 in Vol. 7 of 11th March, 1982, Exhibit 1, as Oyo State Notice No. 53.
Prior to the compulsory acquisition, one Alhaji Wahabi Layiwola (deceased) (substituted with Rasaki Olatunji by order of this court dated 31st day of January, 1989) had in 1976 purchased the parcel of land at Orita Ikereku, challenge, Lagos Road from Awojobi Kure family of Ibadan the original owners. The land was a subject of litigation between Saidu Gbadamosi and Salawu Adekunle Kuku in Suit No. 1/134/73. In a reserved and considered judgment delivered on 29th January, 1979, the plaintiff's claim was non-suited. The plaintiff as representative of Kure family …