IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO.: ID/957M/12
BETWEEN
MOTORWAYS NIGERIA LIMITED … CLAIMANT
AND
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1.THE ATTORNEY GENERAL OF LAGOS STATE
2. LAGBUS ASSET MANAGEMENT LTD.
ORIGINATING SUMMONS
LET the Attorney General of Lagos State and LAGBUS Asset Management Ltd within 21 days after the service of this summons on them, inclusive of the date of such service cause an appearance to be entered for them to this summons which is issued upon the application of the Motorways Nigeria Limited of 1, Motorways Avenue, Oregun, Lagos State who claims to be entitled to the determination of the questions hereinafter following and the reliefs/claims hereunder appearing
QUESTIONS FOR DETERMINATION:
- Whether the purported revocation of the right of occupancy of the Claimant by the 1st Defendant without first effecting personal service of the Notice of Revocation on the Claimant before the publication of the said Notice of Revocation in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38,page 232 of 22nd June,2006 and the subsequent non-payment of compensation to the Claimant do not amount to a substantial non-compliance with Sections 43 and 44 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 28(6) and (7) and Section 44 of the Land Use Act.
- Whether the said substantial non-compliance with Sections 43 and 44 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 28(6) and (7) and Section 44 of the Land Use Act does not render the said Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39,Notice No. 38, page 232 of 22nd June, 2006 a nullity and any subsequent step taken by the 1st Defendant pursuant to the said Notice of Revocation/Acquisition including the grant of any portion of the purportedly acquired land to the 2nd Defendant or any party whatsoever for whatever purpose - whether public or private - null and void.
3. Whether the Claimant is not entitled to exemplary and aggravated damages for:
a. the unlawful revocation of the Claimant's right of occupancy and;
b. the oppressive, arbitrary, forceful, abrasive, unlawful and unconstitutional acquisition of the Claimant's land and;
c. the interference, interruption, disruption and obstruction of the Claimant's project on the said land and;
d. the oppressive, arbitrary, forceful, abrasive, unlawful and unconstitutional demolition of the warehouses of the Claimant done pursuant the Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006.
WHEREUPON THE CLAIMANT CLAIMS AGAINST THE DEFENDANTS JOINTLY AND SEVERALLY AS FOLLOWS:
1. A DECLARATION that the purported revocation of the right of occupancy of the Claimant by the Defendants vide the Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006 is in clear violation of Sections 43 and 44 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 28(6) and (7) and Section 44 of the Land Use Act, Cap 15, Laws of the Federation of Nigeria, 2004 and, therefore, null and void, illegal and of no effect whatsoever and howsoever.
2. A DECLARATION that the purported acquisition of the Claimant's land situate as described in the Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006 was done without compliance with the conditions precedent stipulated and encapsulated in Sections 43 and 44 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 28(6) and (7) and Section 44 of the Land Use Act, Cap 15,Laws of the Federation of Nigeria, 2004 and, therefore, null and void, illegal and of no effect whatsoever and howsoever.
3. A DECLARATION that the forceful seizure of the Claimant's land situate as described in the Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006, is Illegal, arbitrary, oppressive, unjustifiable, unwarranted and uncalled for and same constitutes an infringement of the right of the Claimant as guaranteed under Sections 43 and 44 of 1999 Constitution of the Federal Republic of Nigeria, the Land Use Act and Section 37 Company and Allied Matters Act.
4. A DECLARATION that the breaking into the claimant's land situate, lying and being at Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978 and the demolition of the seven (7) industrial warehouses erected by the Claimant on the Claimant's land situate as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006, is Illegal, arbitrary, oppressive, unjustifiable, unwarranted and uncalled for and against the subsisting right/interest of the Claimant under the Constitution of the Federal Republic of Nigeria, 1999 and the Land Use Act.
5. A DECLARATION that the unjustified, unlawful, Illegal, arbitrary, oppressive, unwarranted acts of the Defendants in breaking into the land situate, lying and being at Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978 as well as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006 and the demolition of the seven (7) industrial warehouses therein against the subsisting right/interest of the Claimant constitutes an act of trespass to the right/interest of the Claimant over the said land.
6. A DECLARATION that any subsequent step taken by the Defendants in consequence of or pursuant to the revocation/acquisition described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006, including the grant of any portion of the purportedly acquired land to the 2nd Defendant or any party whatsoever for whatever purpose - whether public or private - is null and void.
7. AN ORDER setting aside the purported revocation of the right of occupancy of the Claimant by the Defendants vide the Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006.
8. AN ORDER setting aside the purported acquisition of the Claimant's land by the 1st Defendant as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006 or any other instrument.
9. AN ORDER mandating the Defendants to remove all structures so far constructed under and over the Claimant's land situate, lying and being at Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978 as well as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006,
10. AN ORDER mandating the Defendants to vacate the Claimant's land situate, lying and being at Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978 as well as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006, forthwith and without further delay.
11. AN ORDER mandating the Defendants to restore the Claimant to the parcel/portion of land situate, lying and being at Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978 as well as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006 forthwith and without further delay.
12. AN ORDER mandating the Defendants to pay to the Claimant the sum of N93, 582,539.00 (Ninety-Three Million, Five Hundred and Eighty-Two Thousand, Five Hundred and Thirty-Nine Naira)) being the estimated replacement cost required to reconstruct the warehouses to the state it was as at 2006 when the agents, servants, officers and men of the Lagos State Government swooped on the building project of the Claimant and demolished it.
13. IN THE ALTERNATIVE TO 12 SUPRA, AN ORDER mandating the Defendants to restore to its original stage/state/status, the demolished warehouse of the Claimant on the portion/parcel of land situate, lying and being at Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978 as well as described in Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006 as at 2006 when agents, servants, officers and men of the Lagos State Government unjustifiably and unconscionably swooped on the said property and demolished same.
14. AN ORDER PERPETUAL INJUNCTION restraining the Defendants either by themselves or acting through any of their officer, servants, agents, men or through any person or persons howsoever named from interfering or further interfering, disturbing or further disturbing, sealing or further sealing, demolishing or further demolishing or doing any act(s) which is inconsistent with the right of occupancy of the Claimant under the Land Use Act, Section 37 Company and Allied Matters Act and Sections 43 and 44 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended.)
15. AN ORDER PERPETUAL INJUNCTION restraining the Defendants, their Agents, Servants and/or privies from trespassing or continuing to trespass all that piece or parcel of land measuring approximately 6.431 Hectares (15.89 Acres) situate, lying and being Oregun Industrial Estate, Ikeja, Lagos, Plot No. 19 Southern Industrial Estate, Oregun in Ikeja Local Government Area of Lagos State and more particularly delineated in Plan No. LSG/D.174 dated 29th August, 1978.
16. EXEMPLARY AND AGGRAVATED DAMAGES in the sum of N500, 000,000.00 (five hundred million naira) for:
a. the unlawful revocation of the Claimant's right of occupancy and;
b. the oppressive, arbitrary, forceful, abrasive, unlawful and unconstitutional acquisition of the Claimant's land and;
c. the interference, interruption, disruption and obstruction of the Claimant's project on the said land and;
d. the unlawful demolition of the warehouses of the Claimant done pursuant the Notice of Revocation published in the Lagos State Government Gazette No. 28, Volume 39, Notice No. 38, page 232 of 22nd June, 2006.
17. Cost of this suit assessed at N50, 000,000.00 (fifty million naira).
18. AND for such further or other orders this Honourable Court may deem fit or consequential to make in the circumstances.
THIS SUMMONS was taken out by Akintunde Esan, Esq. whose address is No. 56, Allen Avenue, 1st Floor, Ikeja, Lagos State, Counsel for the above named Claimant, Motorways Nigeria Limited.
Note:
It will not be necessary for you to enter an appearance in the HIGH COURT REGISTRY, but if you do not attend either in person or by your Legal Practitioner, at the time and place above mentioned (or at the time mentioned in the endorsement thereon), such orders will be made and proceedings may be taken as the Judge may think just and expedient.
Dated this 27th day of November, 2012
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