(1977) JELR 44460 (SC)    

Supreme Court  ·  SC.366/75 ·  4 Apr 1977 ·  Nigeria
Other Citations
(1977) All N.L.R 56 (1977) 4 S.C. 44
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
education edict
constitution of the federation
adequate compensation
military governor
western state of nigeria
amount of compensation
decree no
provisions of sections
part viii of the education edict
compensation committee
high court
learned judge
learned trial judge
lower court
order of the said government
edict no
payment of compensation
right of the citizen
trial court
virtue of the education edict
book value of the assets
chief sam warri essi
close of the address of counsel
compulsory acquisition of the plaintiffs property
compulsory taking possession of property
date of commencement of the edict
decree no.1
hearing of this case
leading judgment
open market
owner of the school
plaintiff claims
points of law
proprietor of essi college
provision of section
provision of the constitution
public lands acquisition law cap
purported take-over of educational institutions
real questions
respect of essi college
respect of the alternative claim
such pronouncements
survey plan of the land
whole of part viii of the education edict

IDIGBE, J.S.C (Delivering the Leading Judgment): In this action the plaintiff, who is now dead, was Chief Sam Warri Essi. After his death shortly after this appeal was entered, the present respondents - Anthony Obukowho Essi Edeso and one other person - were substituted for the plaintiff. The defendant is the Attorney General of the former Mid-Western (now Bendel) State. We have before us an appeal by the defendant from the Judgement of Ephraim Akpata J. dated the 6th day of November, 1974, in favour of the plaintiff by which it was ordered as follows:

"The purported take-over of educational institutions in the state is not in accordance with law. This action, however, is only in respect of Essi College, Warri and the declaration of invalidity in this Judgement would, therefore, be limited to Essi College. The plaintiff ex debito Justice, is entitled to the declaration sought.

It is, therefore, hereby adjudged that the purported transfer and vesting of Essi College, Warri to the Gover…

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