ADENIYI-JONES & ORS. V. L.C.C.

• Pages: 100-104

100

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

Chief Coker then sought to argue that the judgment was against the weight of

evidence but he could only point here to one sentence in the judgment of the

learned trial Judge to which he objected when it was said -

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"What was the Oloto Chieftaincy family conveying in 1963 when there is evi-

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5

dence that in 1910 Chief Ajayi the then Oloto had conveyed the same land to a

purchaser who, as well as purchasers after him, had taken effective possess-

ion of the said land?"

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and claimed that there was no such evidence. However, as he conceded that this

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turned upon the alternative claim of the 1st claimant which Chief Coker himself said

he had abandoned in the lower court and as Chief Coker further conceded that he

would depend for success on establishing that the conveyance from the Oloto

family should also be treated as an assignment of their interest as on the 2nd July,

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1933, he was brought back upon his first argument which as we have indicated we

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do not accept.

All grounds put forward in this appeal by the 1st claimant fail and accordingly

the declaration of the learned trial Judge that the 2nd claimant is entitled to com-

pensation is affirmed and the appeal is dismissed with 37 guineas cost to be paid

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by the 1st claimant to the 2nd claimant. There will be no order as to costs in re-

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gard to the applicant in this Court.

Appeal dismissed.

25

ADENIYI.JONES &

ORS.

V. L.C.C.

ELIZABETH ADENIYI-JONES & ORS.

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APPELLANTS

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30

V

LAGOS CITY COUNCIL

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RESPONDENTS

SUIT NO. SC 157/1967

SUPREME COURT OF NIGERIA

COKER,

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Ag. C.J.N.

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35

MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

28th March, 1969.

Land Law - Compulsory acquisition of property - Compensation payable by Lagos

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City Council - Method for arriving at amount of compensation payable -

Compensation offered not adequate - Valuation of property.

ISSUE:

1. Can a Judge be allowed to speculate as to the value of property in the absence

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of evidence of the value of properties in the area of the property acquired.

FACTS:

The appeal in tnis case is over the amount of compensation payable on property

situate at No. 2, Glover Street, Lagos, which was compulsorily acquired by the

Government. The Government valuer estimated the value at £7,250 while the ap-

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pellants surveyor estimated the value at about £60,000 taking into consideration

the value of two properties, one at Oil Mill Street and the other at Catholic Mission

Street. The trial court rejected the evidence of the appellant's surveyor, claiming

that the amount was inflated, but accepted that of the Government valuer. He then