ADEDIRE & ORS V. CARETAKER COMM. OF IFE DIV. COUNCIL & ANOR.

• Pages: 39-47

ADEDIRE & ORS V. CARETAKER COMM. OF IFE DIV. COUNCIL & ANOR. 39

Oni was the last witness for the defence, so his suggestion could not be tested by

questions to other witnesses. For the time being it must not be regarded as any-

thing more than a mere suggestion on his part, designed as it was no doubt to jus-

tify his granting to a single individual member of a large family, without consulting

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the family or its head, a vast area of three thousand acres of land over which, at

the least, the family had hunting rights insofar as it was virgin forest - which, by the

way, it was not at the time of the grant except as to an undetermined portion.

TAYLOR, F.J.

I agree with both the judgments delivered.

Appeal allowed

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ADEDIRE & ORS V. CARETAKER COMM. OF IFE

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DIV. COUNCIL & ANOR.

BALE ADEDIRE & 6 ORS.

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APPELLANTS

V

1.

THE

CARETAKER COMMITTEE OF

THE IFE DIVISIONAL COUNCIL

2.

ADERAWOS TIMBER CO.LTD.

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RESPONDENTS

SUIT NO. FSC 395/1961

FEDERAL SUPREME COURT

ADEMOLA,



C.J.F.

TAYLOR,



F.J.

BAIRAMIAN,



F.J.

28th January, 1963.

Legislation - Forestry Ordinance (1948 Laws of Nigeria Cap. 75) s.22, s.23(1),

s.27, and s.33(1) - Ife Native Authority Forest Reserve Order, 1941 - Native

Authority Ordinance (1948 Laws of Nigeria Cap. 140), s.62(1) - Local Government

Law 1957 (W.N.), s.242, (printed as s.246 in Cap 68 of the 1959 Laws of

the Western Region.

Equity - Contract - Person in Fiduciary position contracting in dual capacity.

Limitation of Actions - Public Authority entering into contract - Action to set

aside - Statutory time - Bar - Whether Public Authority acted in execution

or pretended execution of powers.

Practice and Procedure - Plaintiff's locus standi - Certain family rights saved in

Native Authority Forest Reserve - Concession by Native Authority to company

in Reserve - Plaintiff family head - Whether entitled to challenge concession.

ISSUES:

1. Who is entitled to challenge a concession granted by community's Native

Authority to a company to use the Native Authority Forest Reserve?

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2. Should a concession be set aside where a member of the grantor public

authority is also the principal shareholder of the grantee company?

3.

Whether a suit challenging a concession granted by a Native Authority must be

brought within six months of the grant.

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