CaseLaw
Mil. Gov. Lagos State Vs. Adeyiga (2012) CLR 2(c) (SC)
Judgement delivered on February 10th 2012
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 25th of September 2001. The suit was filed before the High Court of Lagos State on the 17th of June 1988. The seven plaintiffs now respondents in this appeal sued in a representative capacity for themselves and on behalf of other members of Shangisha Landlords Association as per order of court dated 21/11/1988 against the 1st – 4th defendants now appellants seeking for declaratory order as follows-
The 5th respondent Samuel Olatunde Smith was joined as a defendant pursuant to the leave granted by the trial court on the 15th of October 1993. Parties were allowed to amend their pleadings. The summary of the claim of the plaintiffs/respondents based on the averments in their pleadings was that members of the Shangisha Landlords Association purchased various plots of land from the different families who owned the entire Shangisha village. Shangisha village which is situated behind Centre for Management Development, opposite the Lagos State Government Secretariat in Alausa had been in existence for more than a century. The plaintiffs built their houses on the plots purchased by them and were in possession for several years. The plaintiffs were not served with any contravention or demolition notices by the 1st - 4th defendants or their agents before they demolished their houses and development at Shangisha village. The demolition exercise continued from June 1984 to May 1985. The association made representation to the Governor of Lagos State culminating in several meetings held at the office of the Permanent Secretary, Lands, Housing and Development Matters to resolve the outcome of the demolition exercise. A panel was set up by the Lagos State Governor under a principal secretary in the Governor's office to inquire into the complaints about the demolition. Though the reports were submitted, there was no positive move over the complaint.
The case of the defendants/appellants based on the averments in their pleadings was that Shangisha village is a part of the 7,300 acres of land compulsorily acquired by the Lagos State Government by Government notice No. 236 of 14th October 1969 published in the Lagos State Official Gazette no. 35 vol.2 of 24'" October 1969. As a result of the acquisition the land became vested in the Lagos State Government by virtue of the Public Land Acquisition Vesting Order of 1976 published as Lagos State Legal Notice no. 7 of 1976 in the' Lagos State Extraordinary Gazette no. 25 vol.9 of 18th June 1976. The plaintiffs/respondents were not physically on the site at the time of the acquisition. They squatted and erected buildings on the land without the knowledge and approval of the Lagos State Government. As no building plans were issued to them to erect the illegal structures, contravention and demolition notices were duly served on the affected buildings and structures before the Lagos State Government carried out the demolition of the illegal structures. The Lagos State Government set up a panel whose term of reference was to inquire into various encroachments by squatters on Lagos State Government Estate.
The trial in the suit commenced in May 1993 and due to the delays caused by various interlocutory applications filed by both parties, it extended till the 29th of December 1993 and judgment was delivered on the 31st of December 1993. The learned trial Judge found in favour of the plaintiffs/respondents. Being aggrieved by the judgment, the defendants filed an appeal in the Court of Appeal Lagos. At the Court of Appeal, two applications were filed to regularize the record of appeal as proceedings of the 23rd of December 1993 was omitted from the record. The lower court heard and determined the appeal and gave its judgment on the 25th of September 2001 dismissing the appeal of the 1st – 4th appellants. Being dissatisfied with the decision of the lower court, they further appealed to this court.