A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): By a Notice published in the Eastern Region of Nigeria Gazette No.5 of 21st January, 1960, as Eastern Regional Notice No. 60 (exhibit G) the Government of the then Eastern Region of Nigeria gave notice of its intention to acquire 796.8 acres of land at Onitsha in the Onitsha Province of the Eastern Region of Nigeria for public purposes. By another Gazette Notice published as Eastern Nigeria Notice No. 287 in Eastern Nigeria Gazette No. 18 of 22nd March, 1962 (exhibit G1) the acreage required was amended to read 773.47 acres made up of two parcels of land; parcel A contained an area of 739.3 acres while parcel B contained an area of 34.17 acres.
Meanwhile, the Minister of Town Planning of the then Eastern Region of Nigeria had applied for and obtained on 22nd June, 1961, a certificate of title (exhibit W) in respect of the 773.47 acres. The certificate of title contains the plans of the two parcels of land.
Pursuant to the…