LAHAN V. A-G, WESTERN REGION

• Pages: 182-187

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

"With regard to the 1955 agreement Ex."A" this document is so badly drafted

and so confused that I consider little weight can be placed upon it.

I have studied the agreement of 1896 Ex."C' together with the plan attached

to it. I confess I am quite unable to follow the reasoning which identifies the

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land in dispute with the land the subject matter of Ex."C"."

In addition to this I would add that there is no evidence on record to show that

the Chiefs and people of Anam Umuowerim who signed exhibit "C" are the same

people referred to as the people of Umuemus in 0/26/60 or, as they call them-

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selves Umuenwelum in 0/27/60. This agreement, Exhibit "C",was discovered at a

late stage in the hearing after the 12th witness for the Umuayalas had given evi-

dence and over a year after the Writ was filed. After the amendment allowing this

exhibit to be relied upon, no endeavour was sought to associate the Umuowerims

with the Umuemus. The Umuemus cannot now be heard to assert this in the ab-

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sence of any evidence to that effect.

For the reasons given this appeal is dismissed on the issue of title and is allowed

on the issue of trespass and injunction. The Umuayalas' claim to a declaration of

title to the area in dispute is confirmed and the claims for trespass and injunction

are dismissed. The cross action of the Umuemus stands dismissed. Taking all

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this into account the order of the Trial Judge on the issue of costs in the High Court

will remain and I award the Umuayalas costs in this Court assessed at fifteen gui-

neas.

Ademola, C.J.F.

I concur.

Bairamian, F.J.

I concur.

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Appeal on issue of title dismissed.

Appeal on issue of trespass

allowed .

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LAHAN V. A-G, WESTERN REGION

GBADAMOSI LAHAN

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APPELLANT

Mogaji of Ikolaba Family (for himself

and on behalf of the Ikolaba Family of

Ibadan)

V

ATTORNEY-GENERAL OF THE

WESTERN REGION

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RESPONDENT

SUIT NO. FSC 41/1962

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

BRETT,



F.J.

BAIRAMIAN,



F.J.

19th June, 1963.

Petition of Right - Land Acquisition - Claim to Compensation whether petition

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of right lies - Statutes - General remedy by petition of right - Special remedy

in a law for the claim.

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