The respondent in 1975 purchased a parcel of land at Agbara village, Egbado, Ogun State measuring about 15 acres from the Aiman Ala Adeniyi families for which he got a deed of development, the 1st and 2nd appellants entered the said land and destroyed his sign board. The Respondent and the 1st appellant later met in order to settle the matter amicably but to avail. Whilst the settlement moves were still on between the Respondent and the 1st appellant, the Ogun State Government decided t carry out certain development in the area where the land in dispute is located. Pursuant to this decision, the Ogun State Government acquired an area of land measuring 80 square Kilometers which included the Respondent’s land. The notices of acquisition did not disclose the purpose for which the land was compulsorily acquired. The notices of acquisition were issued on 19th May 1977.

By a deed of lease dated 12th June 1978 but which commenced from 10th January 1978, the Ogun State Government granted a lease of 454 acres (including the Respondent’s land) to the 2nd Appellant, a private company.

The respondent then brought an action against the 1st and 2nd appellants and also against the Ogun State Government presented by the 3rd and 4th appellants claiming a declaration of titled to the land in dispute, damages for trespass and injunction. The learned trial judged entered judgement for the Respondent holding that the purported compulsory acquisition of the Respondent land which was later leased to the 1st and 2nd appellants was not for a public purpose as defined by section 2 of the Public Lands Acquisition Law Cap.105 of Ogun State. The appellants, being dissatisfied with that judgment appealed.

The respondent then brought an action against the 1st and 2nd appellants and also against the Ogun State Government presented by the 3rd and 4th appellants claiming a declaration of titled to the land in dispute, damages for trespass and injunction. The learned trial judged entered judgement for the Respondent holding that the purported compulsory acquisition of the Respondent land which was later leased to the 1st and 2nd appellants was not for a public purpose as defined by section 2 of the Public Lands Acquisition Law Cap.105 of Ogun State. The appellants, being dissatisfied with that judgment appealed.