Ratio Decidendi


(1921) JELR 59845 (PC)    
Privy Council  ·  11 Jul 1921 ·  Nigeria

Ratio Decidendi

Core Terms Beta
head chief of the community
property of a native community
terms of the public lands ordinance of the colony
full title of occupation
judgment of their lordships
such consideration
head chief
public lands ordinance
white cap chiefs of lagos
calculation of the compensation
head chief of the oluwa family
native law
real character of the native title
decision of its supreme court
prerogative of the crown
ordinary rights of control
members of the community
native title
result of cession
government of the colony of southern nigeria
public purposes
parts of the british empire
principles of native law
such proportions
basis of absolute ownership of the land
full value of the family property
official capacity control
british crown
kings of lagos
private land
less estate
such full division
case of lagos
individual members
members of his own family
whole value of the land
general words of the cession
such holds
chief justice of the supreme court
usual form of native title
kinds of beneficial use
respect of any land
supreme court of the colony
payment of the nominal rent
considerable period
native council of the district
treaty of cession
such cases
independent right

The judgment of their Lordships was delivered by VISCOUNT HALDANE. In this case the question raised is as to the basis for calculation of the compensation payable to the appellant, who claims for the taking by the Government of the colony of Southern Nigeria of certain land for public purposes. There was a preliminary point as to whether the terms of the Public Lands Ordinance of the colony do not make the decision of its Supreme Court on such a question final. As to this it is sufficient to say that the terms of the Ordinance did not preclude the exercise which has been made of the prerogative of the Crown to give special leave to bring this appeal.

The Public Lands Ordinance of 1903 of the colony provides that the Governor may take any lands required for public purposes for an estate in fee simple or for a less estate, on paying compensation to be agreed on or determined by the Supreme Court of the colony. The Governor is to give notice to all the persons interested in the land, or t…

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