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ESI & ORS.
V.
CHIEF SECRETARY TO THE FEDERATION OF NIGERIA & ORS.

(1973) JELR 48786 (SC)

Supreme Court 23 Nov 1973 Nigeria
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- The dispute arose from compulsory government acquisition of two adjacent parcels of land (totaling 24.265 acres) in Igbudu, Warri, for public purposes under the Public Lands Acquisition Act (Cap. 185, Laws of Nigeria, 1948); the key issue

Case Details

Suit Number:SC.67/1971
Judges:UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Counsel:Dr. M. Odje For Appellant Chief F.R.A.Williams, (with him, Mr. O.N. Rewane) For Respondent
Other Citations:ESI & ORS. v. CHIEF SECRETARY TO THE FEDERATION OF NIGERIA & ORS. (1973) 11 S.C. (REPRINT) 115

U. UDOMA, J.S.C (Delivering the Leading Judgment): The proceedings in these two matters - Suits No. W/121/57 and No. W/41/57 - in the Warri High Court of the Mid-Western State were separately commenced by originating summons dated 19th July, 1957, and 4th February, 1957, respectively. As the land involved in both suits was required for public purposes, the proceedings were instituted pursuant to the Public Lands Acquisition Act Cap. 185, Vol. V, Laws of Nigeria, 1948, by the then Chief Secretary of the Federation of Nigeria for the determination of the questions hereunder set forth.

A. In respect of Suit No. W/121/57:

"1. The persons entitled to the land situated at Igbudu in Warri District of the Delta Province of the Western Region of Nigeria and described in a notice dated 16th October, 1956, a copy whereof is attached hereto, and

2. The amount of compensation payable therefor."

It was then stated that the Governor General was willing to pay as compensation the sum detailed below.

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