YESUFU ABIODUN, CHIEF ONIRU V. THE CHIEF SECRETARY TO THE GOVERNMENT (PC)

POLICY AND PRACTICE LAW REPORTS, 2PLR

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YESUFU ABIODUN, CHIEF ONIRU

V.

THE CHIEF SECRETARY TO THE GOVERNMENT

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

13TH DAY OF MAY, 1952

(1952) P. C. 05/1952

2PLR/1952/20 (P.C)

OTHER CITATION(s)

2PLR/1952/20 (P.C)

 (1952) XII WACA PP. 530 – 534

LEX (1952) – XII WACA 530 – 534

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BEFORE THEIR LORDSHIPS:

LORD NORMAND

LORD RADCLIFFE

LORD ASQUITH OF BISHOPSTONE

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BETWEEN:

YESUFU ABIODUN, CHIEF ONIRU – Appellant

AND

THE CHIEF SECRETARY TO THE GOVERNMENT – Respondent

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ORIGINATING COURT(S)

Appeal from the West African Court of Appeal.

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

REAL ESTATE AND PROPERTY LAW — LAND:- Compulsory Acquisition of land — Assessment of compensation — How treated

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CASE SUMMARY

On a claim for compensation for land acquired by the Government of Nigeria under the Public Lands Acquisition Ordinance, the trial Judge awarded a total sum of £52,505 19s. 4d. The West African Court of Appeal reduced this figure to £30,656.

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DECISION OF THE WEST AFRICAN COURT OF APPEAL

Held:

That, while the West African Court of Appeal erred on the side of generosity to the appellant, there being no cross-appeal by the respondent, the figure arrived at by the West African Court of Appeal should be upheld.

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MAIN JUDGMENT

The following judgment was delivered:

LORD ASQUITH OF BISHOPSTONE. This is an appeal from a judgment of the 22nd November, 1949, of the West African Court of Appeal, which varied a judgment of the 28^th February, 1949, of the Supreme Court of Nigeria. The appellant, Chief Oniru, had certain of his lands compulsorily acquired by the respondent representing the Government of Nigeria; and as the result of proceedings taken by the latter in the Supreme Court, was awarded a certain sum by the trial Judge as compensation under the statutory provisions agreed to be applicable in such a case. On appeal by the present respondent the West African Court of Appeal varied the judgment of the Supreme Court by reducing the award of compensation made by that Court. The appellant appeals from the decision of the West’ African Court of Appeal and prays that the judgment of the Supreme Court should be restored.

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