ADESINA V. CHAIRMAN L.E.D.B. & ANOR.

• Pages: 95-100

ADESINA V. CHAIRMAN L.E.D.B. & ANOR.

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95

"Goods handled according to conditions of our acceptance not (sic) as dis-

played in our office copy of which will be supplied on request."

In the absence of evidence that the trade conditions sought to be relied upon

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by the 1st defendants were displayed in their office, we regard as untenable the

argument of Mr. Oseni that the trade conditions were incorporated in the tariff by

reference.

The learned trial Judge found as a fact that the trade conditions were not brought

to the notice of the plaintiffs before the loss of the goods and we are satisfied that

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this finding was fully justified by the evidence. In the circumstances, it is unnecess-

ary for us to consider any further the arguments addressed to us that the trade con-

ditions constituted an express contract between the parties exempting or restricting

the liability of the 1st defendants.

In the result, this appeal fails on all grounds and it is hereby dismissed. The ap-

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pellants will pay to the respondents the cost of the appeal fixed at 39 guineas.

Appeal dismissed.

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ADESINA V. CHAIRMAN L.E.D.B. & ANOR.

CHAIRMAN, L.E.D.B.

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V

1.

FASASI ADESINA

2.

MADAM OLABIYI ABEKE

IN RE

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APPLICANT

FASASI ADESINA

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1ST CLAIMANT/APPELLANT

V

1.

CHAIRMAN, L.E.D.B. (APPLICANT)

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RESPONDENTS

2.

MADAM OLABIYI ABEKE (2ND CLAIMANT)

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SUIT NO. SC 225/1967

SUPREME COURT OF NIGERIA

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

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27th March, 1969.

Land Law - Compulsory Acquisition of Land - Compensation under Lagos Town

Planning Act - Land vests in board on notice under S.45(2) under which

Board may serve "owner" within S.2 without prejudice to claim of others

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with interest under S.45(4) and 48 - One claimant nzay only attack another

claimant's case if by so doing he establishes his own - Not allowed only to

destroy another claimant's case.

ISSUE:

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1. Whether a claimant under the Public Lands Acquisition Law for compensation

has the right to attack another claimant's case if it does not interfere with his

own claim.