MINISTER OF LANDS & HOUSING V. AYONISHEN FAMILY & ORS.

• Pages: 233-237

MINISTER OF LANDS & HOUSING V. AYONISHEN FAMILY & ORS. 233

claim and the remedy of injunction which they sought is essentially a remedy

in

personam.

Thus, apart from the fact that no material exists in the pleadings and

the evidence before us to justify the grant of an injunction against the present re-

spondents, it cannot be argued with propriety that liability to an injunction against

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the deceased defendant enures against her representatives for the simple reason

of that representation. It is not difficult to see that section 15(1) of the Administra-

tion of Estates Law does not enable an injunction to be granted.

The defendant maintained in the High Court and before us that she was en-

titled to range as she did over the area edged green in her plan (exhibit B). This

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area was not granted to her ancestors, nor to her and was not conceded to her by

the plaintiffs. The observations already made by us in this judgment no doubt in-

dicate that we would have given judgment against the defendant (were she alive)

on the claims for trespass and injunction. In the circumstances that now exist, how-

ever, and on the strength of our remarks on this claim, we propose to make no

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order on the claim for injunction. No order is therefore made on this claim.

The judgment of the High Court, Akure, in Suit No. AK/8/61 is hereby reversed

and set aside. The following orders are made by this court.:-

1.

The appellants are granted a declaration of title in respect of the area edged

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pink in their plan (No. BK 4439- exhibit A), declaring that they are the owners

thereof.

2.

The respondents are entitled to occupy and use the portion of land edged

yellow on exhibit A subject Lo good behaviour and in accordance with na-

tive law and custom. It is hereby adjudged that only that portion was allotted

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to the ancestor of the defendant, Saja Awolo, by the ancestors of the appel-

lants for use in accordance with native law and custom.

3.

The defendant's-counter claim is dismissed.

4.

The respondents must pay to the appellants the cost of these proceedings

fixed in the court below at 60 guineas and in this Court at 100 guineas.

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Appeal allowed.

MINISTER OF LANDS & HOUSING V.

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AYONISHEN FAMILY & ORS.

THE MINISTER OF LANDS AND HOUSING

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APPELLANT

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V.

AYONISHEN FAMILY AND OTHERS

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RESPONDENTS

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

COKER,

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J.S.C.

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MADARIKAN,

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J.S.C.

27th October, 1967

Land Law - Compulsory acquisition of land - Delayed payment of compensation

- Award of interest by court over compensation awarded - Award for loss

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of rents and mesne profits - Public Lands Acquisition Law (Western Nigeria)

s.11.