(1970) JELR 45782 (SC)    

Supreme Court  ·  SC.408/1967 ·  3 Apr 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 140
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
high court
7th p. w.
alake of abeokuta
colonial government
issue of assessment
occupation of the lands
appeal of the assessment of compensation
aspect of the matter
basis of his assessment of compensation
careful consideration
catchment area
compulsory acquisition
course of a reserved judgement
fair rental value of the said lands
farmers of iju-adiyan
federal government
following terms
given neighbourhood
government of leasehold interests
greater measure of utility
hearing of this case
instruments of lease
large area of the lagos state
leading judgment
monetary compensation
original defendant
owners of the lands
parcels of land
payment of costs of appeal
plaintiffs of such amounts
previous user of the said parcels of land
record of appeal
respect of the lands
respect of this point
simple absolute of the lands
special consideration
stage of this judgement
statutory provision
substantial part
title of the alake of abeokuta
view of the present constitutional arrangements
virtue of an amendment of the claim

COKER, J.S.C. (Delivering the Leading Judgment):- This case is a sequel to the compulsory acquisition by the Government of leasehold interests in lands comprising-

"of all those parcels of land... situate, lying and being at Iju-Adiyan in the Egbado Division of Western Nigeria portions of which lie within the Iju Water Works Catchment area."

The original defendant to the action was the Minister of Lagos Affairs but the Attorney General of the Federation was subsequently substituted therefore in view of the present constitutional arrangements in the country. The action originated in the High Court, Ikeja (Suit No. 00185/63) where the plaintiffs, now respondents, claimed a declaration that they are the owners for an estate in fee simple absolute of the lands referred to, an order fixing 600pounds per acre per annum as a fair rental value of the said lands and for payment over the plaintiffs of such amounts found due to them in respect of the "aforementioned acquisition and previous user…

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