YESUFU ABIODUN V. CHIEF SECRETARY TO THE GOVERNMENT

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

BEFORE THEIR LORDSHIPS:

LORD NORMAND

LORD RADCLIFFE

LORD ASQUITH OF BISHOPSTONE

BETWEEN:

YESUFU ABIODUN, CHIEF ONIRU – Appellant

AND

THE CHIEF SECRETARY TO THE GOVERNMENT – Respondent

ORIGINATING COURT(S)

Appeal from the West African Court of Appeal.

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

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

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.

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.