DAWODU & ORS. V. CHAIRMAN, L.E.D.B. & ORS.

• Pages: 193-195

DAWODU & ORS. V. CHAIRMAN, L.E.D.B. & ORS.



193

DAWODU & ORS. V. CHAIRMAN, L.E.D.B. &

ORS.

ALHAJI L. DAWODU & 4 OTHERS



APPELLANTS

V

1.

CHAIRMAN L.E.D.B.

2.

A.M.O.T. MARSH

3.

MADAM RABIATU ASHABI NOAH



RESPONDENTS

SUIT NO. FSC 292/1962

FEDERAL SUPREME COURT

ADEMOLA,



C.J.F.

BRETT,



F.J.

TAYLOR,



F.J.

21st June, 1963.

Land - Compensation for Expropriation by statutory company - dispute between

parties as to party entitled to.

Civil Procedure - Originating summons before Court at instance of Statutory body

- Power of court to make order - not an issue before court.

ISSUE:

1. Whether it is proper for a trial Judge to make an order on an issue not before

him.

30

FACTS:

The appellants were claimants in a matter which came before the Lagos High

Court at the instance of the Chairman L.E.D.B. to determine as between two par-

ties (seven claimants) who was entitled to receive compensation in respect of a

certain property expropriated by the L.E.D.B., and in what proportion the compen-

sation

35



should be shared.

The trial Judge found in favour of the respondents and ordered that the appel-

lants pay back to the L.E.D.B. an amount of £3,000 already paid out as compen-

sation, and that after a proper assessment of compensation had been made it

should be paid to the respondent/claimants.

40



The claimants/appellants appealed against the order directing them to repay

the sum of £3,000 back to the L.E.D.B. They submitted that the Judge had no

power to make the order.

HELD:

That the summons before the trial Judge was to determine which of the claim-

45



ants was entitled to compensation and in what proportion. That the order of the

learned Judge, went beyond these questions and amounted to him trying an issue

that was not before him. Thus, the learned trial Judge had exceeded his powers

by making the order.

Appeal allowed in so far as it relates to the order to refund the compensation

50



already paid out to the appellants by the L.E.D.B.

Mr. Adewale Thompson

for the Appellants.

Mr. S.O. Sogbetun

for L.E.D.B. (1st Respondent)

5

10

15

20

25