LORD UPJOHN (delivering the judgement of the Board):- This is an appeal by leave from an order made on the 24th May, 1963 of the Federal Supreme Court of Nigeria whereby certain proceedings in the High Court of Nigeria Eastern Region culminating in a judgement of Kaine J. on 30th October, 1959 were set aside as a nullity.
The problem before their Lordships is purely one of procedure and does not touch on the merits of the case. To understand the difficulties that have arisen it is necessary to set out some historical facts.
On the 17th July, 1952 the Crown served a notice in the prescribed terms under the Public Lands Acquisition Ordinance 1917 (as subsequently amended) (which will be referred to as the Lands Ordinance) to acquire just over 10 acres of land at Oron for the purpose of building a Customs House thereon. The Crown duly entered on to this land and has ever since been in occupation thereof. This land will be referred to as the Crown land.
At once each of two families, the E…