Facts:

This appeal is against the judgment of the High Court of Lagos State (lower court) which was delivered on the 30th day of June 2014 by Oke-Lawal J.

In 1958, the land in dispute was compulsorily acquired by the then Government of the Western Region of Nigeria. Following an application letter to the Lagos State Development and Property Corporation (3rd Respondent) by the Claimant (now deceased but represented by the 1st and 2nd Respondents) the disputed land was offered to the Respondents via a Leasehold Agreement between him and Lagos State Development and Property Corporation dated 11/12/1978 and registered as No. 11 Page 11 in Volume 1763 in the Register of Deeds in the Office at Lagos.

The Appellant (Defendants/Counterclaimant), on the other hand, contended that he bought the land in dispute, from Oseni Adamo Bale (Bankole) and Isiaka Aremu Buraimo of Anthony Village and was put in physical possession since 30th December, 1956, before the compulsory acquisition by Government. He obtained a Deed of Conveyance from his vendors on 24th May, 1976 and was registered as No. 86 Page 86 in Volume 1561 at the Lands Office, Lagos. He further alleged that when he heard that the land was the subject of compulsory acquisition by the Lagos State Government, he petitioned the 3rd Respondent on the 31st of December, 1976 and requested for re-allocation of the land to him as he has been in possession of same since 1956. Upon getting no response, he wrote a reminder on 27/07/1977 which was acknowledged by LSDPC on 02/08/1977, and also petitioned the Public Complaints Commission.
The 3rd Respondent on their part argued that a large portion of land including the land in dispute was compulsorily acquired by the Government in 1958 and its Board of Directors allocated plots of land therein to members of the public, including the 1st and 2nd Respondents whose application was received in February, 1976, on a fair and just basis.

Upon the conclusion of the trial. The lower court in a considered judgment granted the reliefs sought by Mr. S.A. Seriki (deceased Claimant) and dismissed the Appellant’s application.

Dissatisfied with the decision of the lower court, the Appellant appealed to the Court of Appeal.