(1963) JELR 39782 (SC)    

Supreme Court  ·  P.E. No. 33 of 1963 ·  28 Jul 1963 ·  Nigeria
Other Citations
Aderawos Timber Company Ltd. v.Adedire and Ors (1969) All N.L.R 234
LORD MORIS Justice of The Supreme Court of Nigeria LORD HODSON Justice of The Supreme Court of Nigeria LORD GUEST Justice of The Supreme Court of Nigeria
Core Terms Beta
native authority
communal lands
forestry ordinance
oni of ife
southern provinces
forest reserve
locus standi
approval of the governor
federal supreme court
first defendants
ife district native authority
statement of claim
traditional authority
behalf of the communal owners of the land
deed of concession
native authority forest reserve
native lands
trial judge
communal forestry areas
existence of any rights
first schedule
logs lumber
set aside
west africa
appeal of the plaintiffs-respondents
area of its jurisdiction
behalf of the ife district native authority
caretaker committee of the ife divisional council
communal property of the ife community
consent of the native authority
constitution of native authority reserves
exclusive right
forest area
ife divisional council treasury
judgement of the board
judgement of the federal supreme court of nigeria
members of the ife community
native authority ordinance
order of kester j.
ownership of the land
particular case
principal shareholder of the appellant company
respect of the forest reserve
subject matter of the concession
such holds
such members
trustee of communal lands
trustee of ife communal lands

LORD GUEST (delivering the judgement of the Board):- This is an appeal from a judgement of the Federal Supreme Court of Nigeria allowing the appeal of the plaintiffs-respondents against the order of Kester J. sitting in the High Court of Justice, Western Region of Nigeria at Ibadan, dismissing the plaintiffs respondents' claim.

The respondents claimed against the Caretaker Committee of the Ife Divisional Council, first defendants and the appellants, second defendants (a) an order to set aside a Deed of Concession dated 6th January, 1954 between the Ife District Native Authority and the appellants; (b) against the appellants an account of all profits derived by the appellants from the concession and an order to pay the sum found due into the Ife Divisional Council Treasury, and (c) an injunction to restrain the appellants from further exploiting the concession.

In his judgment the trial judge amended the tide and statement of claim by substituting the words "lfe Divisional Council" for…

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