DOHERTY & ANOR V. DOHERTY

• Pages: 237-242

DOHERTY & ANOR V. DOHERTY



237

1.

The judgment of Kester, J., in the High Court is set aside and the summons

is remitted to the High Court so that another judge of the High Court, after

hearing such further evidence as the parties may adduce (leave to adduce

such evidence being hereby given), may re-assess the compensation

5



payable both for the acquisition of the land and for the loss of mesne profits.

2.

In re-assessing the compensation payable the judge:-

(a)

shall treat the land acquired by virtue of Western Nigeria Notice No.

1141 in the Western Nigeria Gazette No.44 Volume 9 of the 1st

September, 1960 and delineated in Plan No. IK22 as if it were a single

10





parcel and shall make his assessment in terms of the average value per

acre and the average mesne profits per acre of the whole of the land so

acquired.

(b)

shall treat it as proved that in the year 1952 the value per acre of those

parts of the land, so acquired which abut on the lkorodu-Shagamu

15





Trunk A Motor Road was £60 and shall proceed in accordance within

section 15 of the Public Lands Acquisition Law to assess the average

value per acre at the time of acquisition of the whole of the land so

acquired in the light, among other things, of (i) the fact that the land is

not uniform in character; (ii) any evidence tending to show changes in

20





the value of the land for the purposes of the said section between 1952

and 1960;

(c)

Shall treat the average mesne profits per acre as the average net profit

per acre derived from the land, after the deduction of expenses, having

regard to the use to which various parts of the land were actually being

25





put at the time when notice of the Minister's intention to acquire the land

was served, but allowing for any established farming practice over the

rotation of crops, or other matters of good husbandry.

Appeal allowed, Rehearing

de novo

ordered.

30

DOHERTY & ANOR V. DOHERTY

35

1.

THEOPHILUS A. DOHERTY

2.

HENRY A. DOHERTY

V.

40 RICHARD A. DOHERTY

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

BAIRAMIAN,



J.S.C.

45



COKER,



J.S.C.

1st November, 1967

APPELLANTS

RESPONDENT

SUIT NO. SC 600/1965

Estoppel - Res judicala - Beneficiary applying for removal of Trustee on grounds

already disposed of in previous proceedings

50

Trusts and Trustees - Hostile proceedings against Trustee - Originating summons

- if appropriate procedure - Disobedience of Trustee to Court Order -

Appropriate remedy.