MINISTER OF LOCAL GOVT. V. AKPAGU

• Pages: 152-155

152

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

As for the point that the respondents on behalf of Kemta Community are not

bound by the judgment in Suit 28/28, there is no substance in the submission, for

the

1st

respondent in this appeal by virtue of paragraph 10 of the Statement of

Defence is the caretaker of land for Kemta Community, and his father was such at

the time of the 1928 suit. In the 1928 suit, it is clear from the judgment that both

parties claimed to have acquired the land then in dispute from one Edun who was

then in charge of Kemta Community land. Further the demarcation of the boun-

daries was made by a Chief of Kemta Community i.e. Chief Lanloko. Another

Kemta Chief, Kehinde the Basala of Kemta is referred to in the judgment as hav-

ing given evidence. That the Kemta Community knew of the 1928 case and took

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10

active part in it is not a point that can be seriously denied.

For these reasons we are of the view that this appeal succeeds and the judg-

ment of the trial Judge is set aside and replaced by the following:-

There will be judgment for the plaintiff for a declaration of title under Native

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15

Law and Custom to all that piece or parcel of land North of the Ikijigun Stream

and shown as edged crimson in Exhibit "B" Plan No. CW 72/55.

The claim for trespass was not pursued in the Court below and is dismissed.

The appellant is entitled to his Costs in the court below which is assessed at 173

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20

guineas. In this Court, in view of the additional expense involved in the making of

Exhibit FSC.1. We will now hear Counsel on the question of Costs.

Appeal allowed.

25

MINISTER OF LOCAL GOVT. V. AKPAGU

30

MINISTER OF LOCAL GOVERNMENT

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APPELLANT

EASTERN NIGERIA

V

D.O. AKPAGU

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RESPONDENT

SUIT NO FSC 20/1963

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35

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

BR ETT,

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J.S.C.

TAYLOR,

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J.S.C.

15th June, 1964

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40

Legislation - Eastern Nigeria - Local Government Law No. 26 of 1955, s.37, and

first Schedule para. 14 (s.41), and para. IS of the First Schedule of Local

Government Law, No.17 of 1960) - Standing Orders of the Okigwe County

Council, Order 44

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45

Administrative Law - Local Government - Council Committee - quorum.

Statutes - Interpretation - Ordinary meaning - Argument for departing from it

involving absurdity.

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50

ISSUES

1. How may the quorum of a council committee be determined under the Local

Government Law of 1955 (..E.N.).