(1978) JELR 46345 (SC)    

Supreme Court  ·  SC.102/1976 ·  3 Mar 1978 ·  Nigeria
Other Citations
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
per cent
right of pre-emption
high court
deed of lease
defendant corporation
imperial chemical industries
learned trial judge
per cent of the consideration
respect of the residue of the term
second question
such rate
valuation of the land
western area
arbitrary powers
commercial buildings
consent of the respondent
d. a. r. alexander
demised property
encyclopaedia of forms
exhibit aowi
following passage
following stipulation
following terms
fourth edition
gross proceeds of the sale
grounds of appeal
high court of lagos state
imposition of the charges
judgment of the learned judge
lagos executive development board
land certificate no.
lawful authority
learned judge
metropolis management acts
part of the property
public authority
subject-matter of the summons
such rights
such sublease
trial judge
unilateral imposition
virtue of the apapa town planning scheme

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The plaintiff/appellant, by Originating Summons filed in the High Court of Lagos State, sought the determination of the following two questions-

"1. Whether the Defendant corporation has a right of pre-emption in respect of the residue of the term of years evidenced by Land Certificate No. 7147.

2. Whether the Defendant corporation has a right to demand payment of 5 per cent of the consideration or valuation of the land comprised in the title aforesaid upon the assignment of the same to the Plaintiff."

The facts relevant to the determination of the two questions are not in dispute, and are set out in the affidavit evidence before the High Court and in the judgment of the learned Judge. The land which is the subject-matter of the summons is Plot No. 2055 in Scheme 2 of the defendant/respondent's Apapa Development Scheme and is comprised in a Land Certificate (Exhibit AOWI) Title No. M07147 dated 16th May, 1968, and is otherw…

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