MIN. OF LANDS, WESTERN NIGERIA V AZIKIWE & ORS

• Pages: 31-39

MIN. OF LANDS, WESTERN NIGERIA V AZIKIWE & ORS



31

MIN. OF LANDS, WESTERN

NIGERIA V AZIKIWE

5

& ORS

MINISTER OF LANDS, WESTERN NIGERIA

10



V

DR NNAMDI AZIKIWE & OTHERS

In Re:

1.

OBADINA FAMILY (37TH CLAIMANTS)

2.

EXECUTORS OF CHIEF J.A AJAO

15



(DECEASED (41ST CLAIMANTS)



APPELLANTS

V

1.

AMBROSE FAMILY & ANOR

(45TH CLAIMANTS)

2.

ASHADE FAMILY (48TH CLAIMANTS)



RESPONDENTS

20 3. YESUFU FAMILY (50TH CLAIMANTS)

4. MINISTER OF LANDS, WESTERN NIGERIA

SUIT NO. SC 169/1968

SUPREME COURT OF NIGERIA

COKER,



J.S.C.

LEWIS,



J.S.C.

MADARIKAN,



J.S.C.

31st January, 1969.

Land Law -

-

Compulsory acquisition of land - Rejection of claim of one claimant

does not automatically entitle another claimant - Admissibility in Evidence of

unsigned plans - Counsel may only attack another claimant's claim if by so

doing he establishes his client's claim - Copy of plan wrongly admitted under

S.96(1)(e) of the Evidence Act but Supreme Court ordered production of plan

for marking.

ISSUES:

1.

Is a claim for compensation for compulsory acquisition of land, the same as a

claim for declaration of title?

2.

In a conflict of claims for compensation for acquisition of property, does the

40



rejection of one party's claim necessarily mean that the opposing party is

entitled to the compensation?

3.

What kind of secondary evidence of a public document is admissible ?

4.

Whether parties to a case may admit by consent or otherwise a document, which

by law, is inadmissible.

45

FACTS:

The Minister of Lands and Labour, Western Region had taken out an origina-

ting summons according to Law to determine the persons or person entitled to

compensation on a piece of land which the Government had compulsorily ac-

quired under the Public Lands Acquisition Laws. Most of the claims had been set-

50



tied. But Claimant No. 41 and No. 37 were not satisfied and thus appealed:

25

30

35