City Property Development Ltd v. Attorney-General, Lagos State and Ors. (1976)

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FATAYI-WILLIAMS, J.S.C. 

The appeal and cross-appeals in this action are from the judgment of Adedipe, l. delivered in the High Court of Lagos State on 11th October, 1974. In the proceedings in the said High Court, the City Property Development Limited, as plaintiffs, claimed against the Attorney-General of Lagos State, as first defendant, a number of declarations in respect of 2,300 acres of land at Victoria Island, Maroko and Ilado. These 2,300 acres form part of a piece of land comprising about 3,100 acres with the government of Lagos State had compulsorily acquired by notice of acquisition dated 12th August, 1972.

The plaintiffs contended that the 2,300 acres are theirs and it is on that basis that they claimed the following declarations:

“(1) That the development presently being carried out by the plaintiffs on their land at Victoria Island in the Lagos Division of the Lagos State of Nigeria and marked’ A’ in the attached plan No.1, and the proposed development of the plaintiffs’ land at Maroko and Ilado as detailed in the said attached plan No.1 are developments within the meaning of the Land Development (Provision for Roads) Act, Cap. 97, and that the prescribed authority for approving the plaintiffs’ proposed development was the Lagos Executive Development Board.

(2) That the decisions of the defendants as contained

(i) in the letter of the Ministry of Works and Planning of the Lagos State Government (hereinafter called the Ministry) dated 24th April, 1972, purporting to cancel the approval and confirmation of the plaintiffs’ proposed development as conveyed to the plaintiffs in the Ministry’s letters dated 15th November, 1971, 25th March, 1972, and 13th April, 1972, and

(ii) in the Ministry’s letter dated 7th September, 1972, are of no effect and invalid, and in no way effect the plaintiffs’ rights pursuant

(a) to the approvals of the Lagos City Council and Lagos Executive Development Board as evidenced by their respective endorsements – namely, L.E.D.B. No. 8031 of 26th February, 1971 and L.C.C. No. 23020 of 10th December, 1971 – on the plaintiffs’ layout building plan,

(b) to the approval previously given to the plaintiffs by the Lagos Executive Development Board on 21st July, 1971, and conveyed by the said Lagos Executive Development Board in the letter dated 26th August, 1971 to the Ministry, andChief J.J.Enwezor v. Central Bank Nigeria

(c) to the approval conveyed to the plaintiffs by the Ministry in its letter dated 25th March, 1972.

(3) That the defendants’ purported decision to acquire the plaintiffs’ said land at Maroko and Ilado which is delineated on the attached plan Nos. 11 and 111 and the Notice of Acquisition published in the Daily Express of 14th August, 1972, Daily Times of 15th August, 1972, Morning Post of 15th August, 1972 and the Lagos State Nigeria Official Gazette of 18th August, 1972, are of no effect and invalid in that the decision is;

(i) (a) ultra vires,

(b) capricious

(c) mala fide, and