LAGOS EXECUTIVE DEVELOPMENT BOARD
April 27, 1940
WEST AFRICAN COURT OF APPEAL
NIGERIA
CORAM
- KINGDON
- PETRIDES
- GRAHAM PAUL, C .J J
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Administrative Law
April 27, 1940
WEST AFRICAN COURT OF APPEAL
NIGERIA
CORAM
AI Generated Summary
Kingdon C.J. (Nigeria), Petrides C.J. (Gold Coast), and Graham Paul C.J. (Sierra Leone) delivered a joint appellate judgment arising from an Originating Summons under the Lagos Town Planning Ordinance. The Lagos Executive Development Board asserted that, by a statutory notice issued under section 53 and published on 24 January 1929, the land had already vested in the Board and that no overriding interests warranted compensation. The Olorogun Family, advised by solicitor Mr. Jibril Martin, denied the land was Crown or Town Council land and relied on Commissioner of Lands v. Kadiri Adogun; they also suggested referral to the Supreme Court under section 43. Criticizing the lower court’s mislabeling of parties and its entry of judgment without evidence, the appellate court held the claimants bear the burden to prove entitlement to compensation and that Kadiri Adogun is not res judicata against the Board, remitting the matter for trial and setting procedural guidance.
The following joint judgment was delivered :--
KINGDGN, C.J. :NIGERIA, PETRIDES, C.J. GOLD COAST AND GRAHAM PAUL, C.J. SIERRA LEONE.
These proceedings were commenced under Part VII of the Lagos Town Planning Ordinance (No. 45 of (928). That part of the Ordinance is headed" Acquisition and Disposal of Land for Scheme." It is clear from that heading and from the particular wording of the following sections that this part of the Ordinance is meant to apply only to land which the Board wants to acquire, and not to land which the Board claims to have already acquired. The land in question in this case is land which the Board does not seek to acquire but claims to have acquired already from the Crown by statutory notice under section 53 of the Ordinance published in the Nigeria Gazette of 24th January, 1929. There can be no doubt whatever that if the land in question was at 24th January, 192.9 Chairman, Crown land or vested in the Town Council it was by the statutory notice vested in the Board. Section 53 of the Ordinance is quite Board definite on that point.
By their letter of 15th November, 1938 (Ex. A) addressed to Mr. Jibril Martin as Solicitor for the Olorogun Family the Board made it quite clear that their position was that the land in question and had become vested in the Board by the operation of section 53 and that they did not" admit the existence of any over-riding interests au •.. for which it is liable to pay compensation on assuming possession of the said land."
In reply to Ex. A Mr. Jibril Martin },y his letter of 16th November, 1938 (Ex. AI) made it equally clear that his client~ position was that the " land in question was never a Crown land nor was it ever vested in the Lagos Town Council." Mr. Martin went on to say: "These contentions have been disposed of by the judgment of the Divisional Court of Lagos in Suit No. 157 of 1936 which was upheld by the West African Court of Appeal.
"2. If, however, you still dispute the title of my clients I shall be glad if you will please refer the matter to the Supreme Court of Nigeria, vide section 43 of the Lagos Town Planning Ordinance No. 45 of 1928."
our opinion the Chairman of the Board on receipt of Ex. Al was ill advised to take the step he did take, namely to apply to the Court for an Originating Summons under sections 44 and 45 of the Ordinance " to hear and determine whether the Olorogun Family is entitled to be paid by the Lagos Executive Development Board any compensation money in respect