Judgment
ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal, holden at Lagos, delivered on the 12th of July, 2017 wherein the Court below allowed in part, the appeal lodged by the Respondent, against the judgment of the trial Federal High Court, Lagos Judicial Division.
The facts leading to the appeal reveal that by a Writ of Summons, and Statement of Claim, dated 7th September 2012, the Appellants, as Plaintiffs approached the trial Court, seeking essentially declaratory reliefs with respect to the administrative actions and decisions of the Respondent, as an agency of the Federal Government, which actions were inimical to the interest of the Appellant. The Appellants claimed against the Respondent, as follows: 1.
A Declaration that the exercise of the Defendant’s power in putting the Plaintiffs’ lands into parcels and plots and attempting to sell them without the land having been first acquired by the acquiring authorities and vested same in the Defendant as required by law, is ultra vires her powers and therefore illegal, null and void and of no effect whatsoever. 2.
The purported advertisement in the Nigeria Newspapers and particularly on the Guardian Newspaper of Monday April 2nd, 2012 and This day Newspaper of Monday January 31st, 2011, saying that the land belongs to the Defendant and calling for contractors, consultants for the purpose of mobilizing into the Plaintiffs’ and, without same having been first acquired by the acquiring authorities and vested same in the Defendant, is ultra vires her powers and therefore illegal, null and void, and of no effect whatsoever. 3. That the Defendant is vested only with the land shown in survey plan No.
LS/D/BG/63, being the only land acquired by the acquiring authorities and vested same in the Defendant, thereby excluding the Plaintiffs’ land as contained in Survey Plan Number KESH/L/1106 and dated 4th October, 1980, less by 4.107 hectare as declared by the Honourable Minister, Ministry of Lands, Works, and Housing vide their letter to the Plaintiffs’ Reference No. LA/LA/LA/447/Vol. 1/3 dated December 15th, 2010.
The Appellants, who sued in a representative capacity, for themselves and on behalf of the entire members of Kuje Amuwo Land, Amuwo Odofin Local Government Area of Lagos, are contending that the Respondent had gone beyond the land acquired by the Government, for the construction of FESTAC Town.
