Survey Practice: Lagos Govt Challenges Judgment In Court
The Lagos State Government says it has challenged the judgment of the Federal High Court which among other things declared that practising surveyors do not require consent before carrying out survey work on any state land.
In a copy of the State’s notice of appeal obtained, was premised on 8 grounds.
Ground one states that the learned trial Judge erred in law when he assumed jurisdiction over the subject matter of the suit which they argue is not on matters within the jurisdiction of the Federal High Court as provided by Section 251 of the 1999 Constitution (as amended).
Ground two states that the learned trial Judge erred in law when he held that Section 5 of Survey Laws of Lagos State Law is professionally restrictive and runs contrary to the general intent and purpose of the Surveying Act especially as the State has a right to determine who works on its land just as an individual has a right to determine who works on his land
The state is therefore seeking an order setting aside the Judgment of the Federal High Court, Lagos in its entirety and an order dismissing the claim of the surveyors.
The State has also filed an application for a stay of the execution of the court judgment as well as an order for an injunction restraining the surveyors from enforcing, implementing, or taking any further step or giving any effect to the Judgment of Justice Osiagor of the Federal High Court, Lagos Division.
