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May 13, 1939
WEST AFRICAN COURT OF APPEAL
NIGERIA
CORAM
The following judgments were delivered.
BUTLER LLOYD, AG. C ]., NIGERIA.
This is an appeal against a decision of the Supreme. Court on a summons taken out under section 10 of the Public Lands Acquisition Ordinance (Cap. 88) to determine the compensation payable in respect of the property known as No. ] Brown Street, Lagos, which is being acquired by Government.
The final offer of Government was £1,148. The learned trial judge assessed the compensation to be given to the defendant at £866 5s.
The grounds of appeal are that :-
1. the trial Judge was wrong in disregarding the evidence called by the plaintiff himself to show that the figure of £1,148 offered by him was a reasonable one;
2. it was not open to him to award less than the sum offered,
viz., £1,148 ; .
3. the trial judge was wrong in not adhering to the well established practice of adding 10 per cent for compulsory acquisition.
Counsel for the Appellant contended that as the final offer made by Government was £1,148, that sum should have been the lowest assessment awarded by the Court; he relied on section 19 of the Ordinance which says that where the sum awarded does not exceed the sum offered (and no lower sum can be awarded) such person shall pay the costs. This section relates to costs only and in no way controls section 15 ; it is in the opinion of this Court always open to the trial judge to assess the compensation at a lower figure than the amount offered.
t was next argued that the Commissioner of Lands produced expert witnesses to the value of the property and the Court threw the whole of this evidence overboard and preferred an arbitrary figure taken from the evidence of the Bank witness who was not an expert in the particular matter before the Court and whose estimate was based on an inadequately assessed value of some years before; also that the trial judge did not distinguish between the buildings and the land. Counsel further claimed that the 10 per cent addition on the assessed value which it has been (and still is) the practice to make was compulsory. With regard to this we say that the practice has no authority in the Public Lands Acquisition Ordinance and any such payment is gratuitous.
We have nothing to add to what was said in the judgment in Commissioner of Lands v. E. F. A. Adeleye* that" an allowance for compulsory purchase is not recognised by the Ordinance and cannot be claimed as a right," and agree with the reasons set out in that judgment.
The learned C
AI Generated Summary
The case concerns the Government of Nigerias compulsory acquisition of No. ] Brown Street, Lagos under the Public Lands Acquisition Ordinance (Cap. 88). After the Commissioner of Lands final offer of a31,148, the Supreme Courts trial judge fixed compensation at a3866 5s. On appeal, the court addressed whether section 19 constrained courts from awarding less than Governments offer and whether a customary 10% uplift for compulsory acquisition was mandatory. The appellate court held section 19 governs costs only and does not limit the trial judges power under section 15 to assess compensation below offers, and reaffirmed that the Ordinance does not recognize a compulsory 10% allowance. Turning to valuation evidence, the court found the trial judge erred by preferring a banks 1924 estimate over contemporary expert valuations and concluded the Governments a31,148 figure reasonably represented the propertys value at the acquisition date. The appeal was allowed, compensation set at a31,148, and respondent awarded fifteen guineas costs under section 19.