n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Okeowo V. AG Ogun State (2010) CLR 7(c) (SC)

Judgement delivered on July 16th 2010

Brief

  • Notice of acquisition of land

Facts

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 7th 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 relief’s:

  • 1i
    A declaration that the purported compulsory acquisition of land by Ogun State Notice No.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, Igbesa in Egbado Division and described in two Deed of Conveyance one of which is dated 10th May, 197 6 and registered as No. 6 at page 6 in Volume 7 of the Land Registry in the office at Abeokuta and the other is dated 22nd October, 1976 and registered as No. 50 at page 50 in Volume 21 of the said Lands Registry.
  • iii
    An injunction restraining all agents, servants or officers of the Ogun State Government whomsoever from making use of the said pieces of land without the consent of the Plaintiff.
  • 2
    In the alternative, the Plaintiff claims the sum of N25million naira (N25,000,00(T.OO) against the Ogun State Government as compensation for the acquired land".

From the record, Ogun State Government compulsorily acquired a large expanse of land of about eighty square kilometers at Agbara in the State which area included two pieces or parcels of land owned by the Appellant situate at Idaose farmland in Edu Village Igbesa. The two pieces of land, together measured 27.63 hectares.

A notice of acquisition of the land dated 7th May, 1977 was published at pages 66 - 67 of Ogun State Gazette No.8 Volume 2 of 19th May, 1977. Appellant's main complaint is that the notice of acquisition was not served on him personally or on his agents in actual occupation of the land.

It is however, the case of the Respondent that when the entire land for acquisition was identified and the notice prepared, the said copies were served on the affected land owners; that where there were no occupiers, the notices were affixed on conspicuous portions of the land after which the notice was published in 'the Gazette; that the notices in respect of the Appellant were duly pasted at conspicuous portions of the land in compliance with the provisions of Section 9 of the Public Lands Acquisition Law Cap. 105 Volume 5, Laws of Western Region 1959, as personal service on the Appellant was impossible.

The trial Court held that the land was duly acquired by the government and the Appellant's main claims were dismissed while the alternative claim for compensation was granted in part. The sum of N34,537.00 (thirty -four thousand, five hundred and thirty-seven naira) was awarded as compensation payable with 10% (ten percent) compound interest thereon from 25m October, 1985 until the amount was finally liquidated.



Being dissatisfied with that judgment, the Appellant appealed to the Court of Appeal which Court dismissed the appeal and affirmed the judgment of the trial Court. The Appellant further appealed to the Supreme Court.

Issues

  • 1
    Whether the finding of the lower Court that the acquisition notices...

Read More